R1 Visa (Religious Workers)

The R1 Visa is for foreign nationals who wish to enter the U.S. to work as religious workers. To be eligible, the applicant must meet the following requirements:

• Intend to work solely as a religious worker in the United States
• Have been a member of the religious organization for at least two years before applying for a R1 visa
• Have received an offer from a non-profit religious organization located in the U.S

The visa is for ministers and those who are directly involved in religious work. Support staff such as admin workers  are not eligible for a R1 visa and should consider applying via other Work Visa routes.

Like other non-immigrant visas, the R1 is not a dual intent visa and does not lead directly to a Green Card and permanent residency.

However, there are a number of other routes that may be open to a R1 Visa holder such as through a family-based petition or via the employment-based immigration process.

In particular, holders may apply for an EB4 visa. This is a permanent work permit open to particular categories of applicants, such as those with vocational occupations.

There is a 5,000 cap on the EB4 visas released every year. However, religious ministers are not subject to this limit, but they must have a valid sponsor to be eligible.

Applicants must qualify as a religious worker for the purposes of the R1 visa application.  There are several definitions of religious worker but US Immigration laws regard it as an individual who is coming to the United States to work in a religious capacity for a religious organization. They can hold positions such as:

Ministers

Ministers must have received written authorization by a recognized religious denomination to perform their duties. This includes licences, certificates, formal letters or other evidence of valid qualifications. Under certain circumstances, officers of the Salvation Army, practitioners of Christian Science and deacons may be considered as ministers.

Professionals in a religious occupation

A religious occupation implies the habitual engagement in any activities related to a traditional religious function. This includes liturgical workers, catechists, missionaries, religious broadcasters and workers in religious hospitals.

To be legally recognized, a religious denomination should have a formal code of doctrine and discipline, as well as religious services and ceremonies. The R1 visa requirements also outline the following criteria for a religious organization that is planning to employ a R1 visa holder:

• Have non-profit status –  the organization must be tax-exempt under the Internal Revenue Code as a religious organization or be affiliated with a religious denomination that is tax-exempt
• Be a legitimate religious organization which is engaged in religious activities. This includes organizations that are focused on worship, religious study or other religious practices.
• Affiliation with a religious denomination that is a non-profit religious organization in the United States. The individual seeking the R1 visa must have been a member of this denomination for at least two years prior to applying for a R1 visa

Not all religious organizations may meet these requirements and therefore will not be able to employ a R1 visa holder.  For example, organizations that are largely focused on charitable or social welfare activities, rather than religious activities, may not meet the restrictions.

Religious organizations are not required to file the Form I-129 before applicants submit their petition. However, they must always communicate to the USCIS any change of employment or status or any extension of stay.

An R-1 visa is initially valid for 3 years, but it can be extended for 2 more years. After 5 years, you must reside outside the U.S. for at least 1 year before applying for a new permit.

To extend your R1 status, you must file a new Form 1-129 (Petition for Non-immigrant Worker). However, you may be exempted from this obligation if your employment was seasonal or if you only work in the U.S. on a part-time basis while residing abroad.

If you cease your religious work before your R1 visa expires, you must immediately leave the country.

Your R1 application process starts when your U.S.-based employer files your Form-129. You must include adequate supporting documentation, such as proof of your religious duties.

When petitioning for your R1 Visa, you will be summoned for an interview. The USCIS will examine your purpose for visiting the U.S. and your role within your religious denominations.

It may also need to inspect the principal place where your worshippers use to congregate and ask questions about the nature of the work you will carry out while in the US.