Selected Topics in Immigration Law

R-1 Religious Workers

What is an R-1 Visa?
Criteria for the R-1 Visa.
For how long is the R-1 visa valid?
How may I obtain an R-1 Visa holder?
Who may accompany an R-1 Visa holder?

What is an R-1 visa?

An R-1 visa is a nonimmigrant visa available to U.S. religious denominations to sponsor foreign religious workers to work for their religious organizations in the United States as:  a minister; in a professional capacity; or in a religious vocation or occupation.

Criteria for the R-1 visa.

To be eligible for this category, the foreign individual must meet the following criteria:
1. Must be sponsored by a bona fide non-profit religious organization in the United States (normally evidenced by 501(c)(3) certification);
2. Must have been a member of the religious denomination for at least two years prior to submission of the petition;
3. Must be entering the United States to work:
a. As a minister or priest of the religious denomination. As a priest or minister, must be authorized by the denomination to conduct religious worship and to perform other duties typical of clergy of that religion;
b. In a professional capacity in a religious vocation or occupation for the religious organization. A U.S. baccalaureate degree or foreign equivalent is required for a professional occupation or vocation; OR
c. In a religious vocation or occupation for the religious organization or its nonprofit affiliate. A religious vocation is defined as a calling to religious life evidenced by the taking of vows.  A religious occupation is defined as an activity which relates to a traditional religious function. Examples of religious occupations include (but are not limited to) cantors, missionaries, and religious instructors.

For how long is the R-1 visa valid?

An R-1 visa is valid for an initial time period of 30 months and may be extended for an additional 30 months.

Who may accompany an R-1 visa holder?

The spouse and unmarried children under the age of twenty-one may receive R-2 visa status in order to accompany the R-1 visa holder to the U.S.  R-2 visa status does not confer authorization for employment in the U.S.

How may I obtain an R-1 visa?

A bona fide religious organization in the United States must submit an R-1 nonimmigrant visa petition on behalf of the foreign religious worker to the appropriate U.S.C.I.S. Service Center in the United States.  If the foreign individual is inside the United States in valid nonimmigrant status, this petition may include a request for a change of nonimmigrant status to R-1.  If the foreign individual is outside the U.S., he/she may apply for an R-1 visa at a U.S. consulate abroad with the R-1 approval notice. 

To request a consultation regarding an R-1 visa, please contact our office here.