DOS Instructs on B-1 Visas for Missionaries
Posted Sep 07, 2001

Many readers of the MurthyBulletin may be aware of the R1 visa for religious workers. As we describe below, missionaries and certain other religious workers may be able to enter the United States temporarily as B1 business visitors. The U.S. Department of State (DOS) recently issued a cable message pointing out that the DOS handbook known as the Foreign Affairs Manual (FAM) already includes guidance about issuing B1 visas to religious workers. The B1 category is especially helpful for those applicants who may not be able to meet all the criteria for the R1 visa.

For the R1 visa, the person must have been a member of the religious denomination for two years. The DOS cable directs consulates to consider that requirement broadly with respect to the definition of "religious denomination." For example, there may be several affiliated organizations, and a person can be a member of any one of the group of organizations with a related set of beliefs. However, if the person has become a member more recently and does not meet the two-year requirement, and the religious organization wishes to send her/him to the U.S. for missionary work, the applicant should then be considered for the B1 category.

The guidance in the FAM indicates that a missionary may be able to qualify for B1 even if the assignment is for longer than six months or one year. The important issue with regard to duration of stay is that it is intended to be temporary. The DOS cable also notes that if visas for religious organizations are refused, there can be substantial diplomatic and political pressure as a result. Consulates are therefore reminded to ask DOS for advisory opinions as needed to resolve any doubts, rather than just issuing denials outright on cases that seem problematic.

We at The Law Office of Sheela Murthy are pleased that the U.S. Secretary of State is taking an active leadership role with regard to visa issuance matters. The above cable is the latest of a series of cables that place a high priority on the careful consideration of visa applications, to ensure fair and accurate decisions. For example, a cable we reported on previously in DOS Can No Longer Refuse Visa Without Interview!, from June 22, 2001 indicating that visa refusals should be given in person rather than by letter, expressed a concern that qualified applicants may be denied visas. That cable was the first indication we had ever seen that DOS considered such refusals to pose a problem! We have also reported on B2 visas for certain dependent family members who may not qualify for dependent visas such as H4 or F2 in a July 20^th article entitled, B-2 for Domestic Partners and Parents of Nonimmigrants.