1.

What Is Meant By A “religious Occupation”?

Answer»

Religious occupation means an occupation that MEETS all of the following requirements:

  1. The duties must primarily relate to a traditional religious function and be recognized as a religious occupation within the denomination;
  2. The duties must be primarily related to, and must clearly involve, inculcating or carrying out the religious creed and beliefs of the denomination;
  3. The duties do not include positions that are primarily administrative or support such as janitors, maintenance workers, clerical employees, fund raisers, persons solely involved in the solicitation of donations, or similar positions, although limited administrative duties that are only incidental to religious functions are permissible; and
  4. Religious study or training for religious work does not constitute a religious occupation, but a religious WORKER may pursue study or training incident to status.

The activity of a lay-person who will be engaged in a religious occupation must relate to a traditional religious function. The very NATURE of such activity must, therefore, embody the tenets of the particular religion and have religious significance; i.e., the performance of the activity constitutes “practice” of that religion.

Consequently, working within a religious facility does not, in itself, qualify a lay-person for R-1 classification. The alien must further establish that his or her prospective activity relates primarily, if not EXCLUSIVELY, to matters of the spirit as they apply to his or her religion. It is not necessary that the applicant be engaged in a religious occupation at the time of the visa application or have prior experience with religious work.

Religious occupation means an occupation that meets all of the following requirements:

The activity of a lay-person who will be engaged in a religious occupation must relate to a traditional religious function. The very nature of such activity must, therefore, embody the tenets of the particular religion and have religious significance; i.e., the performance of the activity constitutes “practice” of that religion.

Consequently, working within a religious facility does not, in itself, qualify a lay-person for R-1 classification. The alien must further establish that his or her prospective activity relates primarily, if not exclusively, to matters of the spirit as they apply to his or her religion. It is not necessary that the applicant be engaged in a religious occupation at the time of the visa application or have prior experience with religious work.



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