R-1 Religious Workers non-immigrant visas are reserved for foreign nationals who intend on coming to the US temporarily to be employed at least 20 hours/week by a non-profit religious organization the US, or an organization which is affiliated with the religious denomination in the US, to work as a minister or in a religious vocation or occupation. In order to qualify, the intending religious worker beneficiary must have been a member of the religious denomination for at least 2 years immediately preceding the filing of the R-1 petition. Our Sacramento law firm consists of immigration lawyers who are active in the church life themselves and understand the importance of having religious workers come to the United States for a greater purpose. Our immigration attorneys are prepared to answer your questions in the hopes that we can assist you in petitioning for your R-1 Religious Worker visa.

What are some of the similarities and differences between the R-1 and EB-4 Visa for Religious Workers?

The two are similar and different in many ways. One significant difference between the two is that the EB-4 would permit the Religious Worker to stay in the US permanently; whereas, the R-1 is a temporary visa (eligible for 30-month employment, with another 30-month extension). Both require full-time employment, either salaried or unsalaried. Both are for clergypersons and other religious workers, such as nuns, monks, deacons, elders, etc.; however, both are not available for those who do not perform religious duties. The intending religious worker must have been a member of a non-profit religious denomination for at least 2 years.

Some differences include the terms of employment. For example, R-1 Religious Worker Visa holders can only stay in the US for 60 months (an initial 30 months is granted and another 30 month extension is available, if approved); whereas, the EB-4 Religious Worker Visa requires the beneficiary to work 2 continuous years for their qualifying religious denomination. Also, an R-1 requires a US job offer; whereas, an EB-4 Religious Worker can self-petition or have the religious organization petition on his or her behalf.

What are the requirements for the R-1 Religious Organization?

In order for the religious organization to qualify as a petitioner for an R-1 Religious Worker, the religious organization must generally provide:

(1) Proof of tax-exempt status, either individually, or under group tax exemption, or through its affiliation with another religious organization:

  1. If the religious organization is affiliated with the religious denomination, then:
  • Documentation establishing the religious nature and purpose of the organization;
  • Organizational literature; and,
  • A religious denomination certification;

(2) Proof of remuneration, if not self-supported, (salaried or non-salaried) either monetary or in-kind compensation, which may include:

  1. Past evidence of compensation for similar positions;
  2. Budgets demonstrating that money is set aside for the religious worker;
  3. Evidence that room and board will be provided for the religious worker;
  4. IRS documents, but if not available, then explain why and provide comparable evidence;

(3) If the religious worker will be self-supported, then:

  1. Documents that show the religious worker will hold a position that is part of an established program for temporary, uncompensated missionary work, which is part of a larger international program of missionary work sponsored by the denomination;
  2. Evidence demonstrating that the organization has an established program for temporary, uncompensated missionary work in which:
  • Compensated or uncompensated foreign workers previously held R-1 status;
  • Missionary workers are traditionally uncompensated;
  • The organization provides formal training for missionaries; and,
  • Participation in such missionary work is an established element of religious development in that denomination.
  • Evidence demonstrating that the organization’s religious denomination maintains missionary programs both in the United States and abroad;
  • Evidence of the religious worker’s acceptance into the missionary program;
  • Evidence of the duties and responsibilities associated with this traditionally uncompensated missionary work; and,
  • Copies of the religious worker’s bank records or budgets documenting the sources of self-support. This may include, but is not limited to, personal or family savings, room and board with host families in the United States, donations from the denomination’s churches, or other verifiable evidence.

What are the requirements for the R-1 Religious Worker?

In order for an individual to qualify as a religious worker under the R-1, the petitioner must provide the following:

(1) Proof of membership in the religious denomination that has bona fide non-profit religious organization status in the US for at least 2 years immediately preceding the filing of the petition;

(2) If the religious worker will be working as a minister, provide:

  1. A copy of the religious worker’s certificate of ordination or similar documents;
  2. Documents showing acceptance of the religious worker’s qualification as a minister in the religious denomination, as well as evidence that he or she completed any course of prescribed theological education at an accredited theological institution normally required or recognized by that religious denomination. Include transcripts, curriculum, and documentation that establishes that the theological institution is accredited by the denomination;
  3. If the denomination does not require a prescribed theological education, provide:
  • The religious denomination’s requirements for ordination to minister;
  • A list of duties performed by virtue of ordination;
  • The denomination’s levels of ordination, if any; and
  • Evidence of the religious worker’s completion of the denomination’s requirements for ordination;

(3) In extension of stay requests under the R-1:

  1. Proof of previous R-1 employment (for extension of stay as an R-1);
  2. If the religious worker received salaried compensation, provide IRS documents that show he or she received a salary;
  3. If the religious worker received non-salaried compensation:
  • IRS documents, but if not available, then explain why and provide comparable evidence;
  • If the religious worker received no salary but supported him or herself and any dependents, provide verifiable documents to show how support was maintained.

What is the period of the stay under the R-1?

USCIS may grant an initial admission for up to 30 months and subsequent extensions for an addition 30 months, but cannot exceed 5 years. The time counted is the period physically spent in the US.

Can my spouse and child (under 21) enter the United States as well?

Yes, any accompanying spouse or child under the age of 21 for an R-1 holder can join under the R-2 dependent category; however, they are prohibited from working.

Our immigration lawyers can assist you with your R-1 Religious Worker petition. If your religious organization needs assistance in obtaining immigration benefits, our Sacramento immigration firm is available to help you.

Please do not hesitate to contact our immigration law firm, Kyung Immigration Law Office, A Professional Law Corporation, for assistance with your R-1 Religious Worker visa petition.

USCIS R-1 Visa: http://www.uscis.gov/working-united-states/temporary-workers/r-1-temporary-religious-workers/r-1-temporary-nonimmigrant-religious-workers

USCIS R-1 Fact Sheet: http://www.uscis.gov/archive/archive-news/fact-sheet-uscis-publishes-final-rule-religious-worker-visa-classifications