Religious Visas 

Professional capacity is occupation defined at INA 101(a)(32) or B.A. as minimal requirement.

• Religious occupation is activity which relates to traditional religious function, e.g., cantors, liturgical workers, translators, religious broadcasters, workers in religious hospitals, but not if they are performing lay work (e.g., nurses not eligible). Does not include clerks, fund raisers or maintenance workers.
• Religious vocation relates to traditional religious function, e.g., nun, monk. If person practicing vocation it does not matter what job s/he performs.

A person working for a religious organization (or its 501(c)(3) of IRS affiliate) in a religious vocation or occupation.

• Who for 2 years immediately preceding the application has been a member of the religious denomination having a bona fide nonprofit religious organization in the U.S. Does not require prior employment with the organization as in special immigrant category. If person is merely member of denomination that is sufficient. INS cannot require proof that someone has been practicing in a profession prior to entering on an R-1.
• Factors to consider to determine bona fide religious denomination are the presence of some form of ecclesiastical government, a recognized creed and form of worship, a formal code of doctrine and disciplines; religious services and ceremonies, established places of religious worship, and religious congregations.
• Membership established by letter from appropriate official.
• Entry limited to 5 years.
• Spouse and children may accompany or follow to join.
• Do not need prior INS approval.