MsElui

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.

JCraigFong

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

S Folinsky

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?

md95065

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

JCraigFong

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.