Religious Worker Visa (R-1 Visa) Falls Church
Visas for Religious Workers – Supporting Religious Leaders and Professionals to Serve in the United States
Law Office of Federico Serrano
R-1 Visa Immigration Law Firm for Religious Workers
The R-1 visa allows qualified religious workers to serve in the United States. This visa is for ministers, religious vocations, and occupations who wish to work in non-profit religious organizations. Learn more about the requirements and application process and how our attorneys in Falls Church can help you obtain your visa.
Essential Information
Find out all you need to know to apply for an R-1 visa
R-1 Religious Worker Visa
What is a Religious Worker Visa?
The R-1 Religious Worker Visa is a nonimmigrant visa that allows foreign nationals to temporarily enter the United States to work in a religious capacity. It is intended for individuals who are ministers or who work in a religious occupation or vocation, such as missionaries, cantors, monks, or religious instructors, among others. To qualify, the applicant must work at least 35 hours per week in a compensated role for a U.S.-based non-profit religious organization or one affiliated with a recognized religious denomination. This visa is designed to support religious institutions by allowing qualified workers to serve their communities within the U.S.
What do I need to apply?
What do I need to apply?
Eligibility Requirements
To be eligible for the R-1 visa, both the applicant and the sponsoring religious organization must meet certain criteria:
- Religious Denomination Membership
- Previous Religious Work Experience
- Employment by a Qualifying Organization
- Role as a Religious Worker
Application Process and Form I-360
The application process for an R-1 visa includes the following steps:
- Petition by Employer (Form I-129):
- Form I-360 for Special Immigrant Religious Worker Status
- Supporting Documentation:
- Consular Processing or Adjustment of Status
Exemptions and Religious Freedom (RFRA)
The Religious Freedom Restoration Act (RFRA) allows religious organizations to request exemptions from certain requirements if compliance would impose a substantial burden on their exercise of religious beliefs. For R-1 visas, the petitioner (religious organization) may seek an exemption if any immigration requirement conflicts with sincerely held religious beliefs.
To apply for an RFRA exemption, the petitioner should:
- Submit a Written Request:
- Provide Supporting Documentation:
- Case-by-Case Decision:
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Frequently Asked Questions
We have compiled answers to the most common questions
Can I work outside of the religious organization while in the U.S. on an R-1 visa?
No, individuals on an R-1 visa are generally restricted to working only for the religious organization that petitioned for their visa. This means that the visa holder cannot take additional employment or freelance work outside the approved religious role. The R-1 visa is intended specifically for religious work, and working outside of the organization would violate the terms of the visa.
How long can I stay in the U.S. with this visa?
Initially, the R-1 visa is granted for a period of up to 30 months (2.5 years). After this initial period, visa holders may apply for an extension for an additional 30 months, allowing a maximum stay of up to 5 years in the U.S. on an R-1 visa. This time limit is cumulative, meaning any previous stays on an R-1 visa count toward the total 5-year cap.
Can I extend my R-1 visa?
Yes, an R-1 visa can be extended, but only up to the maximum 5-year limit. To apply for an extension, the religious organization must file a new Form I-129 (Petition for a Nonimmigrant Worker) with USCIS before the initial R-1 status expires. Extensions are granted in 30-month increments, provided that the total stay does not exceed the 5-year limit.
Can my family join me in the U.S. while I am on an R-1 visa?
Yes, immediate family members (spouse and unmarried children under 21) can accompany the R-1 visa holder to the U.S. under the R-2 visa category. The R-2 visa allows family members to live in the U.S. for the same period as the R-1 visa holder, including any approved extensions. However, R-2 dependents are not permitted to work while in the U.S. They may, however, attend school or pursue studies. Each family member must apply for the R-2 visa separately, and they must maintain their R-2 status by adhering to the terms and conditions associated with it.
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We are here to help you understand the requirements, prepare your application, and answer any questions you may have about the R-1 visa process.
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- Law Office Of Federico B. Serrano P.C.
-
5697 Columbia Pike, Suite 201
Falls Church, VA 22041 - (703) 379-5303
- fserrano@serranoimmigration.com