R Visa

The R-1 religious worker visa allows ministers or another religious vocation or occupation to work in the United States by:

– A non-profit religious organization in the United States;

– A religious organization that is authorized by a group tax exemption holder to use its group tax exemption; or

– A non-profit religious organization which is affiliated with a religious denomination in the United States.

– R-1 Visa Requirements

1. The R-1 sponsoring organization is bona fide religious organization with 501(c)(3) tax-exempt status, either by itself or through a group ruling. If the sponsoring organization was not granted tax-exempt status as a religious organization, it must be affiliated with a religious denomination.
2. The R-1 visa applicant must have been a member of a religious denomination having non-profit religious organization in the United States for at least two years immediately before the filing of the petition.
3. The applicant must have to work for at least 20 hours per week (part time) on average for the petitioner.

– R-1 Visa Filing Process

Whether the religious worker is in the United States or abroad, a petition needs to be filed with USCIS first. All religious worker petitions are adjudicated by the California Service Center.

1. U.S. employer files a visa petition (Form -129) and
2. If you are already in the U.S. in lawful status, this petition can simultaneously ask your status to be changed to O or
3. If you are outside the U.S., then you submit application for an O visa after being approved of the visa petition, to a U.S. consulate.

– One-Site Inspections

Under the regulations at 8 CFR 214.2(r)(16), USCIS may conduct a pre-approval inspection in any case. During a site inspection, USCIS must verify that the place of worship/congregation actually exists. In addition, a post-adjudication inspection may be completed on the beneficiary’s work location to verify the beneficiary’s work hours, compensation and duties.

On a site visit, USCIS officers will come to the work place to ensure that it is a functioning religious organization. The officers will ask to see documents supporting the petition, such as proof of nonprofit status, religious literature, financial records, and payroll records.

– Period of Stay

USCIS may grant R-1 status for an initial period of admission for up to 30 months, which may be extended another 30 months to a total of five years.

If you are out of the United States or you travel after receiving a change to R-1 status, you will need to get an R-1 visa at a US consulate.

– Family of R-1 Visa Holders

An R-1 religious worker’s spouse and unmarried children under the age of 21 may be eligible for R-2 classification. However, an R-2 dependent cannot work in the United States with R-2 visa.

– Change of Location of Employment

Changes in location of employment may constitute material changes to the terms and conditions of employment as specified in the original approved R-1 petition so that the petitioner is required to file an amended petition and receive an approval prior to the beneficiary’s move to a location of employment.

– Green Card

After working for at least 2 years as a full-time position, the applicant can apply for Green card process; or usually people qualifying for R-1 visas also qualify for special immigrants so that he or she can apply directly for a green card.