British Expats - Entering under an R1 Visa

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- US Immigration, Citizenship and Visas (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/)

- - Entering under an R1 Visa (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/entering-under-r1-visa-680787/)

Re: Entering under an R1 Visa

the younger kids dont have to attend visa interviews (think it was 13 or 15 that they HAVE to go) - mine didnt attend for the L visa we were after.

Re: Entering under an R1 Visa

Quote:

Originally Posted by ukhack (Post 8769981)

It's likely that I'm about to be offered a job with a large religious organisation in the US. The role is IT Manager for a large church and community centre.

I believe I would be eligible to enter the US under an R1 visa, Religious Workers visa. Question is, does this sound plausible for the role I would be taking? The church is a well known organisation in the US, and I'm not sure if the R-class visa covers any and all employees of religious organisations. Presumably my wife and son would enter under an R2 visa.

Andy, my office -- actually my law partner -- handles routine and exotic R visas all the time. We are immigration law counsel to some of the largest, best known denominations in the USA. Frankly, we've more often earned our stripes with the lesser known, more marginal denominations and sects, because they are less known and are subject to greater scrutiny by immigration authorities.

At all events, an IT manager does NOT strike me as qualified for R-1 under these circumstances. If you've got the university degree behind you -- at least a bachelor's degree -- the H-1 should work nicely for you, provided the organization can demonstrate its ability to pay a fair wage.

The fact that you have been a member of the denomination for years does not cut any ice with the authorities, nor does the fact that the work you're doing is being done for a religious organization. There HAVE been situations where non-ministerial workers have gotten R-1s, but the work must be extremely specific; at all events, USCIS has been clamping down on these situations lately, and without more facts, I would not encourage you to have much faith in the R-1 angle.

You or the church should contact an immigration attorney who knows what he or she is doing with respect to R visas. With USCIS conducting audits on all R visa petitioners, the organization must be prepared for the USCIS breathing down their necks.

I'd explore the H-1 avenue, too. That's likely to be more fruitful for you.

Best of luck.

--J Craig Fong
Los Angeles, CA

Re: Entering under an R1 Visa

Quote:

Originally Posted by JCraigFong (Post 8770967)

We are immigration law counsel to some of the largest, best known denominations in the USA. Frankly, we've more often earned our stripes with the lesser known, more marginal denominations and sects, because they are less known and are subject to greater scrutiny by immigration authorities.

Hey J:

Don't you think you should be clearer on what is and what is not a marginal denomination or sect? Remember this case?

Re: Entering under an R1 Visa

Quote:

Originally Posted by Boiler (Post 8770827)

It does not matter what OP thinks or anybody here thinks would be the right visa.

It only matters what the Employer/Lawyer thinks.

Actually that doesn't matter either - it's what the US government thinks that really matters ...

Re: Entering under an R1 Visa

Quote:

Originally Posted by S Folinsky (Post 8771065)

Hey J:

Don't you think you should be clearer on what is and what is not a marginal denomination or sect? Remember this case?

No, Stuart, I do not think expounding is worth my time. On B.E., I leave the hard work of parsing cases and reviewing statutes and regulations to others. I certainly remember the case, and you know that we are very experienced with a number of denominations, churches, and temples. However, in the end, I leave that sort of thing for a consultation.