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Canada & United States Immigration LawyersCanada & United States Immigration Lawyers

"R" Religious Workers

Members of a religious denomination having a genuine non-profit religious organization in the United States may be admitted to work for the U.S. organization for an initial three year period. A two-year extension is available for a total of five years. The following requirements must be met:

  • The applicant must have been a member of a religious denomination for two years immediately proceeding the application. A religious denomination is a community of believers having some form of church governance, a statement of faith, a form of worship, a code of doctrine and discipline, religious services or ceremonies, established places of worship, religious congregations, or similar indications of a legitimate religious organization.
  • The religion must have an organization in the United States which qualifies for nonprofit treatment under section 501(c)(3) of the Internal Revenue Code.
  • The applicant must be coming to the United States to serve in one of three categories: (1) an ordained minister or equivalent under the religion's practice; (2) a religious professional performing duties for which a U.S. bachelor's degree is usually required; (3) other religious workers performing a traditional religious function, such as liturgical workers, religious instructors, cantors, catechists, workers in religious hospitals, and missionaries. Fund raisers, as such, are not included.

Applications are made directly to a U.S. consulate. A person in the United States may apply to Citizenship and Immigration Services (CIS) for a change of status. After two years of continuous full time employment, a religious worker may qualify for a Green Card as a special immigrant. This is done on Form I-360. Green Cards for religious workers other than ministers must be finalized by October 1, 2008 under current legislation.

We can help evaluate and prepare your "R" application to increase your chances of success.

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