Everything You Need to Know About R-1 Visas

Are you planning to travel to the U.S. as a religious worker? If so, your best path forward is an R-1 visa.

The R-1 visa is a nonimmigrant, temporary work visa designed for foreign nationals who wish to work in the United States in religious occupations. This visa category applies to various types of religious workers, including but not limited to ministers, priests, religious educators, translators, and missionaries.

The Scott D. Pollock & Associates, P.C. team of immigration lawyers is committed to assisting religious workers worldwide in securing R-1 visas. And we are prepared to help you obtain a nonimmigrant visa for temporary religious work in the U.S.

R1-Visa Requirements

To qualify for an R1-Visa, the United States Citizenship and Immigration Services (USCIS) requires that foreign nationals and employers meet several criteria.

R1-Visa qualifications for individuals include the following:

• You must hold at least a two-year membership with a recognized religious denomination with a bona fide non-profit religious organization affiliation in the U.S.
• The same religious organization must offer you a U.S.-based job of at least 20 hours per week.
• You must solely serve as a clergy member or perform a religious occupation.

To be eligible to file petitions for R-1 visas, an organization must fall into one of these categories:

• A non-profit religious organization in the U.S.
• A religious organization authorized as a group tax exemption holder
• A non-profit religious organization affiliated with a religious denomination in the U.S.

How to Apply for an R-1 Visa

There are three parts to the R-1 visa application process: filing the petition, applying for a non-immigrant visa, and interviewing with the U.S. embassy or consulate.

1. File the Petition

First, religious employers must complete Form I-129, Petition for a Nonimmigrant Worker. This documentation costs $460 (which the employer will pay) and requires proof of tax exemption.

In most cases, after receiving the petition, USCIS will conduct an on-site visit to confirm the relationship between the employer and the religious denomination.

The foreign national can begin the application process after the employer receives approval via Form I-797, Notice of Action.

2. Complete the Non-Immigrant Visa Application

All nonimmigrant visa applicants must fill out Form DS-160: Nonimmigrant Visa Application. This form includes several questions regarding their background and the purpose of their visit to the U.S.

There is no fee for submitting Form DS-160, Online Nonimmigrant Visa Application. However, some fees may apply depending on the relationship between the U.S. and the foreign national’s home country.

3. Interview with the U.S. Embassy or Consulate

Foreign nationals between the ages of 14 and 79 who apply for a nonimmigrant visa must interview with an official at the U.S. embassy or consulate in their home country or country of residence. To avoid long wait times, you should schedule an interview as soon as possible.

R-1 Visa Benefits

The key benefit of the R-1 visa is that it allows religious workers to work legally in the U.S. for a specific employer for up to five years. Additionally, spouses and unmarried children under the age of 21 are eligible to join the R-1 visa holder with an R-2 visa.

The U.S. doesn’t cap the number of R-1 visas, so you likely won’t wait as long as H1-B or H-2 nonimmigrant workers.

Finally, in certain circumstances, R-1 visa holders may be eligible to transition to other nonimmigrant or immigrant visa categories, which can provide alternate pathways to long-term residence or permanent residency in the United States.

R-1 Visa FAQs

The Chicago immigration legal team at Scott D. Pollock & Associates, P.C. is here to answer any questions you have about R-1 visas. Contact a member of our team today at 312.444.1940.

Contact an Experienced Immigration Attorney Today

At Scott D. Pollock & Associates, P.C., we provide individuals, families, and employers the legal representation they need to navigate the process to obtain nonimmigrant visas, such as the R-1 visa.

Our attorneys have over seven decades of combined experience in U.S. immigration law. We’ve helped guide numerous clients through the complicated process of gaining temporary religious worker visas in the U.S.