Call Us Today: 202-787-1944


Immigration News
Changes in immigration that impact your life.

Home  >  Immigration News  >  News Archive  >  Work Visas  >  News Article

News Jump: 


R-1 Religious Workers Can Recapture Time Spent Outside the U.S.
ARTICLE TOOLS
Print This Article
Discuss This Topic
Create News Alerts

The USCIS has recently issued a Policy Memorandum outlining the procedure to be used for recapturing time spent outside the US by R-1 nonimmigrants when seeking an extension of their R nonimmigrant status.

The R-1 nonimmigrant classification is for aliens seeking to enter the US solely to work as a minister or in a qualifying religious occupation or vocation. Regulations provide that generally an alien who has spent 5 years in the US in R-1 nonimmigrant status may not be readmitted to or receive an extension of stay in the US under the R classification unless he or she has resided abroad and has been physically present outside the US for the immediate prior year. In calculating the 5-year maximum period of stay, USCIS has so far, not subtracted the time in which the R-1 religious worker was traveling or residing outside of the US following his or her initial admission in R-1 status. 

Under the new Memorandum, USCIS has indicated that it is extending the recapture policy, under which nonimmigrant aliens and their dependents may recapture time spent outside of the US when calculating their maximum period of authorized stay, to the R-1 nonimmigrant classification. Accordingly, USCIS has indicated that as a matter of policy, it will count only the time spent physically in the US in valid R-1 status towards the 5-year maximum period of stay; and when requesting an extension, the petitioner may request that full calendar days spent outside the US during the period of petition validity be recaptured and added back to the alienís total maximum period of stay, regardless of whether they are currently in the US or abroad and regardless of whether they currently hold R-1 status. The reason for the absence is not relevant and any trip of at least one 24-hour calendar day outside the US for any purpose can be recaptured.

Hence, as per the guidance provided in the Memorandum any days spent outside of the US during the validity period of an R-1 petition will not be counted toward the maximum period of stay in the US in R-1 status, provided that the alien remains eligible for the classification and is able to submit independent documentary evidence establishing that he or she was in fact physically outside of the US during the days for which he or she is seeking recapture. The Memorandum makes it clear that the burden of proof rests with the petitioner to establish the alienís eligibility for any recapture benefits.

Contact VisaPro if you have any queries about the R-1 visa or the new USCIS Memorandum regarding recapture of time spent outside the US by R-1 religious workers.



ARTICLE TOOLS
Print This Article
Discuss This Topic
Create News Alerts



MORE WORK VISAS STORIES:
H-1B1, E-3 Nonimmigrants Eligible for 240 Days Continued Employment When Extension Application is Pending
Additional H-1B and L-1 Filing Fees Imposed for Certain Employers
Border Security Fee $2,000 and $2,250 For H-1B and L-1 Petitions Is No Longer Required
Infosys Pays Record $34 million to Settle Allegations of Systemic Visa Fraud and Abuse of Immigration Processes
More >>

TOP STORIES:
USCIS October 2016 Visa Bulletin Update
Visa Bulletin October 2016: EB-2 and EB-3 Priority Dates Advance For All Countries
USCIS September 2016 Visa Bulletin Update
Change In Filing Address For Certain H-1B and H-1B1 Petitions
More >>

News Jump: 

U.S. Immigration Attorney - Consult Now!

IMMIGRATION CENTER
Immigration Services
  Fast, Easy and Economical Avoid Costly Immigration Errors!
Immigration Guide
 Know Your U.S. Immigration Options
Immigration Law FAQ
 Detailed Answers to Your Immigration Questions
Immigration Articles
  Interesting and Useful Articles on a Variety of Relevant Topics

How can we help you?
MESSAGE BOARDS
How do I fill Form I-129?
When do I start Green Card?

Discuss US Immigration
NEWSLETTER - FREE!
Receive latest immigration updates and free legal tips by e-mail. Sign up now!
IMMIGRATION DICTIONARY
Legal terms explained in plain English!
RELATED ARTICLES
H1B Address Change of Work Locations: When Do You Have To File H1B Amended Petitions?
H1B Visa Lottery 2016: Improving Your Odds of Success
H1B Visa Cap 2016: Things You Must Know
Filing H1B Cap 2017 Petitions:How To Get A Head Start With VisaProís H1B Visa 2017 Timeline
H1B Cap Exempt Employers: How Do You Find Out If You Qualify?
H-1B Cap Has Reached:How Do You Hire H-1B Cap Exempt Candidates?
2017 H1B Cap Petitions:How To Properly File With USCIS
H1B Cap Exempt Ė Are You Eligible?
5 Common H1B Cap 2017 Filing Mistakes - How to Avoid Them
H1B Cap 2017 Filing Secrets: Why You Should Plan Now?
More Articles...

CONSULT ATTORNEY
Get a detailed, written opinion online in less than 3 business days from a licensed immigration attorney.
Experienced Immigration Attorneys - Consult Online or By Telephone

YOUR SUBSCRIPTIONS
Alerts & Newsletter
Create and Manage your
e-mail alerts for FREE.
RSS