Is the R-1 Religious Work Visa Right for You?

Are you a foreign national who wants to enter the United States to work for a non-profit church or ministry in a religious capacity? Or are you a non-profit that wants to bring an employee into the states to help further your mission? The R-1 might be the right visa for you.

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Sharon Kaselonis is a Christian attorney who shares your perspective. Sharon’s background in law and full-time ministry has made her a trusted advisor for pastors, ministry workers, and churches.

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About the R-1 Nonimmigrant Religious Worker Visa

The R-1 visa was designed for religious workers whose lives are dedicated to religious practices and functions. The R visa allows religious worker who are employed by a non-profit (church, ministry, or organization) to come to the United States and work for up to 5 years.

The applicant’s spouse and unmarried children may accompany the R-1 visa holder. The visa holder can apply for a green card for permanent residence after working for 2 years.

Example

A good example of a R-1 applicant would be a Christian pastor from another country who wants to serve at a church in the U.S. Other acceptable religious worker positions include, worship leaders, music/choir directors, bible teachers, Sunday school directors, religious counselors, religious broadcasters, religious translators, and missionaries.

Benefits of the R-1

  • The Applicant can apply directly at the U.S. Consulate or Embassy (no prior petition approval required).

  • The R visa can be extended for up to 5 years.

  • The R-1 is dual intent visa. This means that the visa holder can apply for a green card for permanent residence after working for 2 years.

  • Your spouse and unmarried children (under 21 years old) may accompany you to the U.S by applying for an R-2 visa.

Eligibility

You may be eligible for an R-1 nonimmigrant visa if you:

  • Are a member of a religious denomination having a bona fide, non-profit religious organization in the United States;

  • Have been a member of that denomination for at least 2 years; and

  • Will be employed (at least part time) solely as a minister or in another religious capacity

    • Religious capacity means work that requires the religious knowledge of that denomination, or the sacred practices of that religion, in contrast to secular work or vocation

Requirements for the Non-Profit

The church, ministry, or organization must be one of the following registered organizations in the U.S.:

  • A non-profit religious organization with its own Internal Revenue Service letter of 501(c)(3);

  • A non-profit religious organization with a group tax exemption; or

  • A non-profit organization affiliated with a religion which has tax exemptions under 501(c)(3) rules or other IRS codes that does not make it a religious organization by definition.

How to File

The Non-Profit

The petitioning church / ministry / non-profit begins the process:

  • Complete and file Form I-129;

  • Paying the filing fee, if applicable; and

  • Provide all required evidence and supporting documentation.

  • In addition, a site visit at the non-profit’s headquarters may be requested.

The Applicant (religious worker)

After the non-profit has completed the above list and the USCIS approves the petition, the applicant can then begin the application process at a U.S Embassy or Consulate in their place of residence.

  • Complete applicant Form I-797, Notice of Action;

  • Complete and submit Form DS-160;

  • Print the USCIS confirmation page and code and attach it to your document file;

  • Pay the filing fees (you must keep the receipts as proof and attach them to your document file);

  • Schedule your visa interview at the U.S. Embassy or Consulate where you are applying from;

  • Print your visa interview confirmation letter, which you need to bring with you to your interview;

  • Prepare your document file; and

  • Attend your visa interview with your records, a complete copy of your file, and all supporting documentation.

* This information can be found in its entirety on the USCIS website