Instructions For Form I-129 - Petition For A Nonimmigrant Worker Page 13
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23D. In instances where the organization is affiliated with
Attestation Requirements
the religious denomination and was granted tax-
Form I-129 and Form I-129 Q-1 and R-1 Classification
exempt status under section 501(c)(3) of the Internal
Supplement include an Employer Attestation that the
Revenue Code of 1986, subsequent amendment, or
prospective employer must complete. Prospective employer
equivalent sections of prior enactments of the Internal
means the U.S. employer that is filing the petition.
Revenue Code as something other than a religious
organization, additional documentation is required.
An authorized official of the prospective employer must
complete, sign, and date the Employer Attestation. The
Admission/Change of Status and
authorizing official must sign the attestation, certifying under
Time Limit Requirements
penalty of perjury that the attestation is true and correct.
1. If otherwise admissible, an alien may be admitted as an
A nonimmigrant religious worker may work for more than one
R-1 alien or changed to R-1 status for an initial period of
bona fide religious organization. When the alien works for
up to 30 months from date of initial admission. If visa-
more than one employer, each bona fide religious organization
exempt, the alien must present original documentation of
must submit Form I-129 and R-1 Employer Attestation with
the petition approval.
the appropriate documentation.
The prospective employer must specifically attest to the
2. The spouse and unmarried children under the age of 21 of
following:
an R-1 alien may be accompanying or following-to-join
the R-1 alien, subject to the following conditions:
1. The prospective employer's status as a:
A. R-2 status is granted for the same period of time and
A. Bona fide nonprofit organization; or
subject to the same limits as the R-1 alien, regardless
B. Bona fide organization that is affiliated with a
of the time such spouse and children may have spent
religious denomination and is exempt from taxation.
in the United States in R-2 status;
2. The number of members of the prospective employer's
B. Neither the spouse nor children may accept
employment while in the United States in R-2 status;
organization.
and
3. The number of employees who work at the same location
C. The primary purpose of the spouse or children coming
where the alien will be employed and a summary of those
to the United States must be to join or accompany the
employees' responsibilities.
R-1 alien.
4. The number of aliens holding special immigrant religious
worker status or R nonimmigrant visa status currently
Compensation Requirements
employed or employed within the past five years by the
prospective employer's organization.
A religious worker must be salaried or non-salaried. In limited
instances, self support may qualify as compensation. The
5. The number of special immigrant religious worker and R
attestation section below lists the evidence that the prospective
visa petitions and applications filed by or on behalf of any
employer must submit regarding compensation.
aliens for employment by the prospective employer in the
past five years.
1. Salaried means receiving traditional pay such as a
6. The title of the position offered to the alien.
paycheck.
7. The beneficiary will:
2. Non-salaried means receiving support such as room,
board, medical care, or transportation instead of a
A. Receive salaried or non-salaried compensation from
paycheck or use of personal savings.
the prospective employer and details of such
3. Self-supporting means that the position the alien will hold
compensation; or
is part of an established program for temporary,
B. Provide self-support.
uncompensated missionary work, which is part of a
broader international program of missionary work
8. A detailed description of the alien's proposed daily duties.
sponsored by the denomination.
Form I-129 Instructions (Rev. 12/04/09)Y Page 13
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