R Visa

Religious Worker Visa, premises still under construction

Question details

The petitioner is a newly established religious organization {has IRS 501( c )(3) and state registration}. However, its principal place of business (this would be the beneficiary’s work location as well) is still under construction (so far, they have made good progress in the construction of the building). The petitioner does not conduct any religious programs yet. No other primary office location. Can the petitioner file an R1 for a minister for future employment? Would there be issues with the site visit if the facility is not completed by then? Do you have any advice on how to proceed with this case?

FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

June 25, 2020 Recording of Free Community Conference Call (Every Other Thursday)

Substantial transcription for video

FAQs: Religious Worker Visa, premises still under construction || Students aging out of H-4 || Lawsuit against status denial for CPT users || AC21 portability Supplement J || L-1 and entrepreneurial H-1B || 60 days grace period of H-1B getting over - F-1 option || Need to amend H-1B for remote work from home || Part time H-1B || Doing business on OPT

OTHER: IR5 Green Card traveling separately || H-1B Quota exemption || Reentry Permit obligations || H-1B change of status || CSPA for child of EB-1A petitioner || 212(e) waivers for J-1 holders || I-140 withdrawal || H-4 EAD processing times ||

Qualifying U.S. Work Experience for Special Immigrant Religious Workers

On April 7, 2015, the U.S. Court of Appeals for the Third Circuit, in Shalom Pentecostal Church v. Acting Secretary DHS, 783 F.3d 156 (3d Cir. 2015), found the regulatory requirements that qualifying work experience gained in the United States must have been acquired in lawful status (herein “lawful status requirements”) in 8 CFR 204.5(m)(4) and (11) to be beyond the Department’s legal authority (ultra vires).

H-1B Filing Tips and Religious Workers Engagement

  • USCIS Releases PowerPoint with H-1B filing tips provided during the 10/9/14 USCIS teleconference with CSC and VSC. The first session, from 11-11:45 a.m., focused on H-1B filing tips. The second session, from 11:45 a.m. - 12:30 p.m., focused on eligibility requirements for religious workers. Click the link below for deatil information:

H-1 B Filing Tips

USCIS explains its types of site visits

USCIS' Fraud Detection and National Security (FDNS) office has recently explained the three types of site visits that are currently being conducted:

1. Risk Assessment Program fraud study (RANDOM VISITS). This is a joint study by USCIS and ICE applicable to both family-based and employment-based cases. Cases are chosen for randomly for review and site visits  usually after a case is approved. The purpose of this study is to build a profile of the types of cases where fraud is most prevalent.

R-1 Extension

Question details

I am currently in R-1 status. This is my first 30-month extension. Is it true that I will not be able to get another extension when this R-1 extension expires?

An alien who has spent five years in the United States in R-1 status may not be readmitted to or receive an extension of stay in the United States under the R visa classification, unless the alien has resided abroad and has been physically present outside the United States for the immediate prior year.  However, if you were outside