R-1 Temporary Nonimmigrant Religious Workers

For religious workers coming to the United States to serve in religious vocations or occupations

R-1 Religious Workers Video

"Apsan Law Offices has been assisting religious organization bring in their religious workers and Obtain Green cards for Special Immigrants Religious workers for the last 30 years. Our experience can help your organization through this very complicated process."

An R-1 is a foreign national who is coming to the United States temporarily to be employed at least part time (average of at least 20 hours per week) by a non-profit religious organization in the United States (or an organization which is affiliated with the religious denomination in the United States) to work as a minister or in a religious vocation or occupation.

Eligibility Criteria

Religious Membership Requirement

To qualify, the foreign national must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least 2 years immediately preceding the filing of the petition.

Petition Process

Every petition for an R-1 worker must be filed by a prospective or existing U.S. employer through the filing of a Form I-129, Petition for Nonimmigrant Worker.

Important: An R-1 visa cannot be issued at a U.S. Embassy or Consulate abroad without prior approval of Form I-129 by U.S. Citizenship and Immigration Services (USCIS).

Visa-Exempt Nationals

If the foreign national is visa-exempt (e.g. Canadian), he or she must present the original Form I-797, Notice of Action, reflecting an approval of a valid I-129 R petition at a port of entry.

Required Documents

Supporting Documents Required for the Religious Organization

Proof of Tax-Exempt Status

  • • If the religious organization has its own individual IRS 501(c)(3) letter, provide a currently valid determination letter from the IRS establishing that the organization is a tax-exempt organization
  • • If the organization is recognized as tax-exempt under a group tax-exemption, provide a group ruling
  • • If the organization is affiliated with the religious denomination, provide:
    • - A currently valid determination letter from the IRS
    • - Documentation that establishes the religious nature and purpose of the organization
    • - Organizational literature
    • - A religious denomination certification, which is part of the R-1 Classification Supplement to Form I-129

Proof of Salaried or Non-Salaried Compensation

Verifiable evidence of how the organization intends to compensate the religious worker, including specific monetary or in-kind compensation.

Evidence of compensation may include:

  • • Past evidence of compensation for similar positions
  • • Budgets showing monies set aside for salaries, leases, etc.
  • • Evidence that room and board will be provided to the religious worker
  • • If IRS documentation, such as IRS Form W-2 or certified tax returns, is available, it must be provided
  • • If IRS documentation is not available, an explanation for its absence must be provided, along with comparable, verifiable documentation

If the Religious Worker Will Be Self-Supporting

Documents that establish the religious worker will hold a position that is part of an established program for temporary, uncompensated missionary work, which is part of a broader international program of missionary work sponsored by the denomination.

Evidence that establishes that the organization has an established program for temporary, uncompensated missionary work in which:

  • • Foreign workers, whether compensated or uncompensated, have previously participated in R-1 status
  • • Missionary workers are traditionally uncompensated
  • • The organization provides formal training for missionaries
  • • Participation in such missionary work is an established element of religious development in that denomination

Additional required evidence:

  • • Evidence that establishes 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
  • • Copies of the religious worker's bank records, budgets documenting the sources of self-support (including personal or family savings, room and board with host families in the United States, donations from the denomination's churches), or other verifiable evidence acceptable to USCIS

Supporting Documents Required for the Religious Worker

Proof of Membership

Evidence that the religious worker is a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least 2 years immediately preceding the filing of Form I-129.

If the Religious Worker Will Be Working as a Minister

Provide:

  • • A copy of the religious worker's certificate of ordination or similar documents
  • • Documents reflecting acceptance of the religious worker's qualification as a minister in the religious denomination, as well as evidence that the religious worker has 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

If the denominations do 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
  • • Evidence of the religious worker's completion of the denomination's requirements for ordination

Proof of Previous R-1 Employment (for Extension of Stay as an R-1)

If you received salaried compensation:

Provide IRS documentation that you received a salary, such as an IRS Form W-2 or certified copies of filed income tax returns reflecting such work and compensation for the previous R-1 employment.

If you received non-salaried compensation:
  • • If IRS documentation is available, provide IRS documentation of the non-salaried compensation
  • • If IRS documentation is not available, provide an explanation for the absence of IRS documentation and verifiable evidence of all financial support, including stipends, room and board, or other support for you with a description of the location where you lived, a lease to establish where you lived, or other evidence acceptable to USCIS
If you received no salary but provided for your own support:

Provide verifiable documents to show how support was maintained, such as audited financial statements, financial institution records, brokerage account statements, trust documents signed by an attorney, or other evidence acceptable to USCIS.

Period of Stay

Initial Period

Up to 30 months

Extension Period

Up to 30 additional months

Total Maximum Stay

60 months (5 years)

Important Limitation

The total stay in the United States in an R-1 status cannot exceed 60 months (5 years).

Family of R-1 Visa Holders

R-2 Classification

R-1 worker's spouse and unmarried children under the age of 21 may be eligible for R-2 classification.

Important: The dependents of an R-1 worker may not accept employment while in the United States in R-2 status.

Green Cards

For information about petitioning for a permanent immigrant religious worker, please contact our office for detailed guidance on the Special Immigrant Religious Worker program.

Key Requirements Summary

✓Must be member of religious denomination for at least 2 years
✓Must work at least 20 hours per week
✓Employer must be non-profit religious organization
✓Must work as minister or in religious vocation/occupation
✓Form I-129 approval required before visa issuance
✓Maximum total stay of 5 years (60 months)
✓R-2 family members allowed (no employment)

Types of Religious Workers

Ministers

  • • Ordained clergy
  • • Religious leaders
  • • Pastors and priests
  • • Rabbis and imams
  • • Other ordained religious leaders

Religious Vocation/Occupation

  • • Religious teachers
  • • Missionaries
  • • Religious counselors
  • • Religious workers in religious organizations
  • • Religious support staff

How Our Firm Can Help

Legal Services

  • •Comprehensive eligibility assessment for religious workers
  • •Form I-129 preparation and filing with R-1 Classification Supplement
  • •Religious organization documentation preparation
  • •Religious worker qualification documentation

Ongoing Support

  • •Extension of stay applications
  • •R-2 dependent visa applications
  • •Special Immigrant Religious Worker Green Card applications
  • •Compliance monitoring and guidance
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