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C-2 | Civil Law Considerations—Immigration Law
visa to permanent residency may occur while in
the United States, provided the person qualifies
and otherwise meets the legal requirements.
Work- and compensation-related immigra-
tion rules for those on the R visa and for sem-
inarians must be followed. Otherwise the reli-
gious worker violates the terms and conditions
of admission. A violation of status may subject
the religious worker to removal from the country
or render the worker ineligible for adjustment of
status to permanent residency. It is worth noting
that Mass stipends are considered compensation.
B. Types of Visas
1. Special Immigrant and R Nonimmigrant
Classifications
a. Difference Between Special Immigrant
and Nonimmigrant R Visas
Foreign religious workers are classified
as “special immigrants” when they are
sponsored as lawful permanent residents
of the United States under the RWVP.
Special immigrant foreign religious work-
ers fall under three visa classifications:
ministers, persons in a religious occupa-
tion, or persons in a religious vocation.
It is noteworthy that to qualify for any
one of these visa classifications, the reli-
gious worker must have been “a member
of a religious denomination having a bona
fide nonprofit, religious organization in
the United States” for at least two years
before the religious worker petitions for a
visa. There is also a two-year work experi-
ence requirement in a particular religious
vocation or religious occupation immedi-
ately preceding application for admission
as a special immigrant religious worker.
Regulations governing special immigrant
religious workers are found in Title 8 Code
of Federal Regulations (CFR) §204.5(m).
The religious worker nonimmigrant
visa (R visa) is an alternative to obtain-
ing a permanent special immigrant visa
under the RWVP. The R visa for nonim-
migrants incorporates the basic criteria of
the special immigrant visas. It also differs
from the special immigrant visa, because
the nonimmigrant R visa has a five-year
maximum duration. Despite the fact that
the actual visa classification is usually
granted by DOS for the statutory limit of
five years, immigration regulation permits
an initial thirty-month validation period
as contained in the Arrival-Departure
Record, Form I-94. Moreover, a CIS
extension may be granted for an addi-
tional thirty months, to reach the maxi-
mum of five years. Holders of R visas can
reapply after the visa’s five-year expiration
by leaving the United States for one year.
The requirement of two years membership
in the religious denomination remains,
but in contrast to the special immigrant
visa, the R visa applicant does not need to
show work experience for two years prior
to the application for the visa. Regulations
governing the R visa are found in Title 8
CFR §204.2(r).
b. Religious Workers Covered
Ministers. The first category of special
immigrant visa for religious workers
requires that the individual enter the
United States solely for the purpose of car-
rying out a religious vocation in a religious
denomination. According to US immigra-
tion law, there is no “need” requirement,
that is, the religious denomination does
not have to express a need for the minister.
Deacons may qualify as ministers if they
are authorized to lead a congregation and
perform associated ministerial functions.
Religious Occupation or Religious
Vocation. The second category includes
religious workers who qualify for a reli-
gious occupation or for a religious voca-
tion according to the denomination’s
standards. Religious occupation and
vocation are defined in section E.1,
“Religious Occupation and Religious
Vocation,” below.
2. F Student Visa
Increased numbers of seminarians born out-
side the United States are now accepted by
US seminaries. The fact that many of these
seminarians are born outside the United
States presents immigration issues. As
required by the
Program for Priestly Formation,
Fifth Edition
, all seminarians are expected to
have four years of undergraduate college
experience with special studies in philosophy