Is Your Masjid
in Need of an Imam? The R-1 Visa May Be Your Answer
By Masood
Khan, Esq.
(This column is not to be
construed as legal advice. Please consult a legal
professional for your particular case. ) With
the number of Muslims growing in the United States,
there is a greater demand for Islamic institutions.
Such institutions require that qualified religious
scholars with proper religious training and experience
run them. Islamic centers and mosques in the United
States are able to sponsor Imams and religious
directors from overseas through the “R”
visa.
To qualify for an R visa, the applicant must be
· A minister. In the case of Islamic institutions,
an Imam properly trained from an established Islamic
institution would be the equivalent of a “minister.”
· A person working in a professional capacity
in a religious occupation or vocation, or ·
A person who works for a religious organization
or an affiliate in a religious occupation who
has been a member of the religious group for at
least two years immediately preceding the R-1
application.
What qualifies as a “Religious Denomination”?
Under immigration laws, a religious denomination
is defined as a religious group that has some
form of ecclesiastical government, a common belief
or statement of faith, some form of worship, a
set of religious guidelines, religious services
and
ceremonies, established places for worship, religious
congregations or comparable organized religious
structure. Islam will obviously fit into this
category.
What are examples of “Religious
Occupations”?
A religious occupation is an activity relating
to “traditional religious functions.”
Examples of religious occupations include liturgical
workers, religious instructors, religious counselors,
workers in religious hospitals or religious health
care facilities, religious translators or religious
broadcasters. This would allow qualified Qur’an
teachers, Imams and individuals trained in the
traditional Islamic sciences to qualify. Maintenance
workers, clerks and fundraisers who work for religious
institutions are not eligible under this category.
What is a “Religious Vocation”?
A religious vocation is defined as “a calling
to religious life”. This calling must be
shown through the demonstration of commitment
to the religious denominations. For example, for
Christian institutions this would include the
taking of vows for nuns or monks. For Muslims,
this commitment would be shown through attendance
in an Islamic institution of learning, receiving
of a religious degree or having a consistent curriculum
or commitment through organized Islamic institutions
in learning the Islamic sciences.
How does a person apply
for an R visa?
If an applicant is outside the US, he or she can
apply for an R-1 visa without prior USCIS approval
by going to the closest consulate or embassy and
present the required evidence and be issued the
visa on the spot. If a person is already in the
US and wishes to change from one nonimmigrant
category to R-1 status, an application must be
made domestically with the USCIS.
What evidence needs to accompany an R
visa
application?
Among the most important evidence that must be
presented by the applicant is proof of the sponsoring
institution’s tax exempt status or eligibility
to receive tax exempt status in the US. Under
the Immigration and Naturalization Act (INA) §
101(a)(15)(R) and 8 CFR § 214.2(r), religious
entities applying on behalf of religious workers
must be “exempt from taxation as organizations
described in IRC § 501(c)(3) as it relates
to religious organizations.” The regulations
require these organizations show they either are
exempt under 501(c)(3) as a religious organization,
such as a church, or have the documentation required
by the Internal Revenue Service to be eligible
for exemption as a religious organization under
501(c)(3). The Department of Homeland Security
however, may go to great lengths in scrutinizing
all supporting documents due to considerable fraud
occurring in the religious worker category.
In addition, the sponsoring organization would
also submit a letter on behalf of the R-1 visa
holder. This letter should outline the applicant’s
two-year minimum membership, including where that
membership occurred, in or out of the US. It should
also include a statement that the foreign-based
religious group and the US-based religious group
for which the applicant will work belong to the
same denomination.
How long is the R status
valid?
The maximum stay in R-1 status is 5 years. A person
can obtain R-1 status again after remaining outside
the US for one year before making another application.
What visa status
would the spouse and children of an R-1 nonimmigrant
receive?
Spouses and children of R-1 non-immigrants and
classified as R-2. They are not permitted to work
unless they have their own work visas.
What is the difference between special
immigrant religious worker category for green
card applicants and R-1 non-immigrant visas?
The R-1 visa is temporary and the special immigrant
religious worker visa is permanent because if
approved, it results in the applicant receiving
a Green Card. Similar to the R-1, an applicant
for a green card as a special immigrant religious
worker must have been working for the religious
group for at least two years prior to making the
application. This work may be done either in or
out of the US. In most cases where the work is
done in the US, the person has been in the US
on an R-1 visa. (Masood Khan is an attorney with
Khan & Associates. He is a member of the California
State Bar. He can be reached via email at Mkhanlaw@aol.com
or at 888 542-6529.)
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