Religious Worker Visa (R-1 Visa)
Visas for Religious Workers – Supporting Religious Leaders and Professionals to Serve in the United States
Law Office of Federico Serrano
Religious Worker Visa (R-1 Visa)
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, application process, and how we 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?
Eligibility Requirements
1. Religious Denomination Membership
The applicant must have been a member of a religious denomination with a bona fide non-profit religious organization in the U.S. for at least two years prior to filing the application.
2. Previous Religious Work Experience
The applicant must have been working in a religious capacity either abroad or in the U.S. continuously for at least two years immediately before filing the petition. Breaks are allowed for religious training or sabbatical, provided the worker remains employed by the religious denomination.
3. Employment by a Qualifying Organization
The religious organization sponsoring the visa must be a non-profit entity in the U.S., be tax-exempt, or hold a group tax exemption as recognized by the IRS.
4. Role as a Religious Worker
The applicant must be coming to the U.S. to work in a compensated role as a minister or in a religious vocation or occupation, not in a lay capacity or in a position unrelated to religious functions.
Application Process and Form I-360
The application process for an R-1 visa includes the following steps:
- Petition by Employer (Form I-129): The U.S.-based religious organization must file Form I-129 (Petition for a Nonimmigrant Worker) on behalf of the applicant with the USCIS. This form includes details about the organization and the applicant’s intended role, along with supporting documents to prove eligibility.
- Form I-360 for Special Immigrant Religious Worker Status: In cases where the applicant seeks to transition to permanent residency as a religious worker, Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) must be filed with USCIS. This form establishes eligibility for a green card as a religious worker.
- Supporting Documentation: Both forms require documentation to support the application, including evidence of the organization’s non-profit status, proof of the applicant’s religious work experience, and confirmation of the applicant’s role in the organization.
- Consular Processing or Adjustment of Status: If the applicant is outside the U.S., they will complete consular processing after USCIS approves the petition. If already in the U.S. under a different status, they may be able to adjust their status to R-1.
Religious Freedom Restoration
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: The exemption request should accompany the initial R-1 petition. It must explain how the specific requirement interferes with a sincerely held religious belief or practice.
- Provide Supporting Documentation: The religious organization bears the burden of proof and must demonstrate how the requirement prevents participation in a religious belief or compels participation in a forbidden activity.
- Case-by-Case Decision: USCIS evaluates each RFRA exemption request individually, based on the organization’s provided evidence and arguments.
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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- Law Office Of Federico B. Serrano P.C.
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5697 Columbia Pike, Suite 201
Falls Church, VA 22041 - (703) 379-5303
- fserrano@serranoimmigration.com