The R-1 visa is a nonimmigrant visa category in the United States that allows religious workers to enter the country temporarily for the purpose of engaging in religious work.
Requirements for R-1 visa
If you are considering an R-1 nonimmigrant visa, here's what you need to know about eligibility:
An R-1 nonimmigrant is an individual who temporarily comes to the United States to engage in part-time work, averaging at least 20 hours per week. This work pertains to serving as a minister or in a religious vocation or occupation, and the individual must be employed by one of the following:
Religious Occupation: The applicant must be coming to the United States to work in a religious occupation. This can include roles such as ministers, priests, religious instructors, missionaries, and other religious workers who perform religious duties and functions.
Intent to Work Temporarily: The applicant must have the intention to work temporarily in the United States and return to their home country once their R-1 visa status expires.
The applicant must provide evidence to support their eligibility, including documentation from the religious organization, such as a letter of support, evidence of tax-exempt status, and details of the religious work to be performed.
An R-1 nonimmigrant is an individual who temporarily comes to the United States to engage in part-time work, averaging at least 20 hours per week. This work pertains to serving as a minister or in a religious vocation or occupation, and the individual must be employed by one of the following:
- A non-profit religious organization in the United States.
- A religious organization authorized by a group tax exemption holder to utilize its group tax exemption.
- A non-profit organization affiliated with a religious denomination in the United States.
Religious Occupation: The applicant must be coming to the United States to work in a religious occupation. This can include roles such as ministers, priests, religious instructors, missionaries, and other religious workers who perform religious duties and functions.
Intent to Work Temporarily: The applicant must have the intention to work temporarily in the United States and return to their home country once their R-1 visa status expires.
The applicant must provide evidence to support their eligibility, including documentation from the religious organization, such as a letter of support, evidence of tax-exempt status, and details of the religious work to be performed.
Key Features of R-1 visa
- Temporary Stay: The R-1 visa allows religious workers to enter the United States for an initial period of up to 30 months. The visa can be extended for an additional period of up to 30 months for a maximum total stay of five years.
- Spouses and Children: Spouses and unmarried children under 21 years of age may accompany the R-1 visa holder to the United States under the R-2 visa category. While R-2 visa holders cannot work in the United States, they are permitted to study.
- Multiple Employers: Religious workers with an R-1 visa are allowed to work for multiple religious organizations as long as each employer files a separate petition and the work performed is within the scope of religious duties.
- Change of Employers: If a religious worker with an R-1 visa wishes to change employers, the new employer must file a new petition on their behalf. The worker can begin working for the new employer once the petition is approved or upon filing under certain circumstances.
- No Dual Intent: Unlike some other visa categories, the R-1 visa does not provide a direct path to permanent residency (Green Card). However, religious workers may be eligible to pursue permanent residency through other immigration categories if they meet the requirements.
- Religious Work Limitations: The R-1 visa is specifically designed for religious workers and does not cover non-religious occupations. The work performed must be primarily focused on religious duties and functions.
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