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Civil Law Considerations—Immigration Law | C-11
Q9. Seminarians, R Visa Holders, and Driver’s
Licenses. Can seminarians or R visa holders
obtain driver’s licenses?
A9. It depends on state law. In addition, states that
issue licenses will have validity dates matching the
time period for admission as nonimmigrants.
Q10. Priests in Hospitals. Can a priest who is
sponsored by a diocese for an R visa work as a
chaplain for a private and/or Catholic health
care institution?
A10. The answer to this question depends on the
information provided in the diocesan sponsorship
application. If the diocese describes the priest’s duties,
in part, as being assigned to hospitals or health care
institutions affiliated with the diocese and contin-
ues to pay the extern priest, it is probably allowed.
However, if the health care institution pays the priest’s
salary, and verifies and retains the employment eligi-
bility forms, this would probably be considered a vio-
lation of the R visa. The same analysis would apply for
a private health care institution.
Q11. Part-time Associate Pastor. Can a part-
time associate pastor qualify under the R visa?
A11. Yes. The CIS views R visas as
employment-related, and regulation requires
that the R visa holder work at least twenty hours
per week. However, the R visa holder may not
engage in employment that is not authorized by
CIS, based on information contained in the Form
I-129 application.
Q12. New Visa in United States. Is there a way
to obtain a new R nonimmigrant visa for exten-
sions of stay or change of nonimmigrant status
from the F visa category to the R visa category
without leaving the United States?
A12. No. If the religious worker extends the R non-
immigrant status or changes status to the R category
in the United States and needs to travel abroad, a
new visa must be obtained from a consulate abroad,
based on the approved application.
Q13. Other Visas for Religious Activities. If
a person does not qualify for an R visa and
wants to enter the United States to participate
in certain religious activities, is there any other
visa available?
A13. Yes, there is.
In cases in which an applicant
comes to perform voluntary services for a religious orga-
nization and does not qualify for R visa, the B-1 visa
remains an option, provided that the applicant meets
the requirements under DOS regulations contained in
the Foreign Affairs Manuel (FAM), even if he or she
intends to stay a year or more in the United States.
There are three possibilities under the B-1 visa: (1)
ministers of religion proceeding to the United States,
who come to engage in an
evangelical tour, who do not
plan to take an appointment with any one church, and
who will be supported by offerings contributed at each
evangelical meeting (FAM 41.31 N9.1-1); (2) ministers
of religion, who temporarily exchange pulpits with US
counterparts, who will continue to be reimbursed by the
foreign church, and who will draw no salary from the
host church in the United States (FAM
41.31 N9.1-2);
and (3) m
embers of religious denominations, whether
ordained or not, entering the United States temporarily
for the sole purpose of performing missionary work on
behalf of a denomination, provided that the work does
not involve the selling of articles or the solicitation or
acceptance of donations and provided that the minister
will receive no salary or remuneration from US sources
other than an allowance or other reimbursement for
expenses associated with the temporary stay. “Missionary
work” for this purpose may include religious instruction,
aid to the elderly or needy, proselytizing, and other such
activity. It does not include ordinary administrative
work, nor should it be used as a substitute for ordinary
labor for hire (FAM
41.31 N9.1-3)
.