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R Visa Lawyer in Orlando

Helping Religious Workers & Their Employers

Religious workers who want to work in the United States may be eligible for the R-1 visa (with their immediate family potentially qualifying for R-2 dependent visas). R visas are non-immigrant visas designed for religious workers employed by a religious organization in the United States. These organizations can include churches, synagogues, mosques, and others.

At The Sekou Clarke Law Group, our R-1 visa lawyer in Orlando can help determine if you can apply for this visa and guide you throughout the petition process. As a firm that has helped countless people through the immigration process, we understand how important it is for you to be able to work in the United States. We are here to help you achieve your dreams.

Call us at (407) 269-8774 or contact us online to learn more about our R visa services.

Eligibility for the R-1 Visa

To sponsor a religious worker for an R-1 visa, a U.S.-based entity must demonstrate that it is a bona fide non-commercial religious organization and that the applicant was a member for at least two years immediately prior to their application. Qualifying organizations can be those established principally for worship, spiritual development, or religious instruction.

Qualifying sponsors can be:

Direct religious congregations such as churches, temples, mosques, synagogues, and similar places of worship in the U.S., holding a valid 501(c)(3) status, indicating non-profit status.
Entities that are recognized under a group tax exemption of a larger religious denomination provided that they are allowed to avail themselves of the denomination's group tax exemption for non-profit religious activities.
Not-for-profit organizations closely linked to a religious denomination. While not directly involved in worship or religious instruction, these entities engage in operations that are integral to the religion's overall mission in the U.S. and maintain a non-profit status under 501(c)(3).

Form I-129 & the Religious Freedom Restoration Act (RFRA)

To bring a noncitizen to the U.S. as a minister or religious worker, a U.S. employer or organization must file Form I-129, the Petition for a Nonimmigrant Worker. As part of this process, the sponsoring organization must affirm not only its non-profit status but also proof of how it plans to compensate the worker it is sponsoring. The petitioner will also need to clearly demonstrate the religious worker's membership in their religious denomination and that the worker is qualified for the offered position.

If an employer finds that fulfilling an eligibility requirement significantly affects their religious practices, they can request an exemption under the Religious Freedom Restoration Act (RFRA). This request, which should be included with Form I-129, must detail how the rule either goes against a sincerely held religious belief or prevents the organization from following that belief. The petitioner is responsible for proving eligibility for this exemption.

As you can see, the R-1 visa petition process can be quite complicated. Consequently, consulting with an attorney experienced in employment-based immigration processes, like ours, can be incredibly helpful.

Duration of Stay for the R-1 Visa

Religious workers approved for an R visa can stay in the United States for up to 30 months. If you are approved for the R-1 visa's initial period but need to stay longer than 30 months, you can apply for a visa extension. The maximum time allowed on an R-1 visa is 60 months (five years).

USCIS only counts the time physically spent in the U.S. on a valid R-1 visa when calculating the amount of time used of their maximum state allotment.

For workers who have been in the U.S. on an R visa for five (5) years and who wish to apply for a new R-1 visa, they can do so, but they must have been physically absent from the U.S. for the year immediately prior to their new application. However, if you were a seasonal worker or were in the U.S. for an average of six (6) months or less per year, this restriction does not apply.

Religious workers who wish to move to the U.S. permanently can apply for a green card through the EB-4 employment-based immigration process.

Do You Need an R-1 Visa Lawyer in Orlando?

Receiving a job offer in the U.S. is a dream come true for many people. However, navigating the visa process can take time and is often daunting. Working with an experienced attorney, like ours at The Sekou Clarke Law Group, can help streamline your application process. With professional guidance, you can feel more confident that your petition is correctly submitted and in compliance with USCIS requirements.

Our firm has assisted individuals and their employing organizations across Florida, and we are prepared to offer you tailored advice every step of the way. We're committed to helping you fulfill your mission by enabling you to focus more on your spiritual and religious work and less on the bureaucratic hurdles.

Start your journey today by contacting our Orlando R visa attorneys online or calling The Sekou Clarke Law Group. Se habla español. Nós Falamos Português. Nou pale kreyòl ayisyen.

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