By Yossel Balisok, Esq.
I’ve been working as an immigration attorney for many years, and in that capacity have met hundreds of non-American post-yeshivah/seminary women and men desperate to stay in the United States.
As a Crown Heights resident with lots of friends on shlichus, I have also heard from so many Shluchim with schools who are desperate for high quality, loyal employees who take ownership of their shlichus as only Lubavitchers can.
It occurred to me that if only we could make a connection between these two groups, we could help young Lubavitchers establish residence here, while simultaneously providing Shluchim with incredibly eager prospective employees, all through taking advantage of the United States R-1 Religious Worker Visa program.
The United States created the R-1 visa to allow non-Americans work in the United States for up to five years for religious non-profit organizations. These visas are a permanent part of U.S. immigration law (as distinguished from other types of religious worker visas, like the EB-4 visa, which has to be renewed by Congress to continue to exist). Thousands of Religious Worker Visas are issued by the United States each year.
Obtaining an R-1 visa for a prospective employee is relatively easy and straightforward. All your organization needs in order to qualify is to be a non-profit religious organization, and all your prospective employee needs to prove is that they work for you for a minimum of 20 hours per week doing education, outreach, program coordination… any work that is religious in nature.
Our community is in a unique position to benefit from R-1 visas, with Lubavitch being an international community with many young people coming to stay in America, and Shluchim running religious organizations and seeking high-quality employees.
The women and men who come to me seeking residence in the United States are ehrlich, chassidish, hard-working, warm, dedicated and idealistic young people, many of whom have experience in shlichus. They are willing to travel and even relocate, and they are committed to staying in the United States for years.
I am amazed that what is an obviously mutually-beneficial symbiotic relationship – connecting these young people with Chabad houses – is one that has garnered so little attention in our community.
Every year, there are young Lubavitchers coming from South America, Europe, South Africa, the U.K. and Australia, who need to stay in American for personal or financial reasons, or because their home country is not safe. Many of them have smicha or teaching certificates, are idealistic, hard-working and passionate about shlichus. Hiring them to work in your school is a win-win where you gain a loyal employee, and they gain residency in the United States.
Not too long ago, a twenty-year-old Lubavitch woman from Venezuela approached me very fearful of being sent back home. The crime in Venezuela had gotten very bad. She did not see a future there and wanted to establish residence in the United States. As it had often happened, I just had a conversation with a Shliach who was struggling to find qualified, reliable, loyal, warm and passionate administrators and teachers for his preschool. I connected my client with him and with that, helped the young woman obtain a visa and get on track for a green card, and also helped a Shliach find a wonderful, loyal employee.
I spoke to this Shliach recently and asked him how it was going. He told me that the parents of his community adore the young lady I recommended and that after she got engaged she decided to stay in his community and work with him on his shlichus.
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For more, call 718-928-9607 and read How Do I Get a Religious Worker Visa?
Does this visa also work for 1099 employees? Most of the mosdos hire young bachurim and girls only as 1099s
No it does not,
Yossel B.
It’s not as simple…
Your organization will first need to be approved for non citizen religious workers. This process can take about 9 months. Only once you’re approved can you then have religious workers apply for this type of visa (and make sure to pay them on books for 20 hours minimum a week with a w-2)
Most visas are issued within 30 days.
Yossel B.
Not so simple, as your visa is tied to employment if something goes wrong or the shlichus changes you need to leave the US. Many people don’t get accepted and there is no malpractice insurance with immigration law.
If you want you can switch the employer that sponsored your religious worker visa. Every person we applied for has received approval.
Good luck!
Yossel B.
And you have to get paid a minimum of 40k a year if not more
That is wholly incorrect and misleading.
Yossel B.
How about speaking/reading/writing in English?
Most of Israelis bochurim don’t
The visa does not have as a prerequisite the ability to read, write or speak English.
Yossel B.
Can I do this visa once I am in the country or do I need to leave first in order to get it?
Provided you entered the USA on a b1 or b2 visa and you have not overstayed your i94 allowed stay at the day of your r1 application reached USCIS, you can adjust while in the USA.