Latest Modifications to Religious Employee Visa Processing

R-1s and I-360 Particular Immigrant Religious Staff
Numerous religious organizations utilize at the very least one foreign nationwide or will utilize a foreign nationwide sooner or later in the potential. When these foreign nationals arrive to the U.S. to operate for a religious organization on a non permanent foundation, they typically have R-1, religious employee visas. Once they perform for a religious organization on the long lasting foundation, they're usually the beneficiaries of I-360, unique immigrant religious worker petitions.

In an try to curb the higher price of fraud (almost 1/3 of your cases for I-360 petitions) inside the religious employee system, the U.S. Citizenship and Immigration Services ("USCIS") printed a closing rule on November 26, 2008. The last rule incorporates a number of changes.


Previously, it was feasible for religious employees to apply for an R-1 visa immediately at a U.S. Embassy or Consulate devoid of initial filing an R-1 petition using the USCIS. Under the closing rule, an R-1 petition need to first be filed with and authorized by the USCIS prior to a religious employee can apply for an R-1 visa at a US Immigration Embassy or Consulate. This new requirement may possibly add months towards the processing time to obtain an R-1 visa.

The final rule also added the requirement the prospective employer indication and submit an attestation relating to the quantity of R-1 and unique immigrant religious staff that have worked for your prospective employer and the amount of R-1 and I-360 petitions filed through the possible employer about the past five years. The possible employer should also confirm the eligibility criteria for that type of petition being filed have already been met.

Just before the final rule, an R-1 religious employee could get 3 years of R-1 status when first getting into the U.S. with an R-1 visa. Assuming a five-year visa had been granted, the religious worker could get yet another 3 years of R-1 status with every subsequent entry into the U.S. until a complete of five years of R-1 status had been attained. A religious employee could only hold R-1 status for 5 years. Under the ultimate rule, a religious employee may possibly even now hold R-1 status for 5 years, but will only find a way to have 30 months of R-1 status when very first coming into the U.S., using the likelihood of a 30-month extension.