How a Religious Worker Living Overseas Can Successfully Apply for an R Visa to Perform Religious Work in the U.S.

By Brian Figeroux, Esq.

For religious workers living overseas, the R-1 visa provides an opportunity to come to the United States and serve their religious community. Whether you are a minister, a missionary, or a religious professional, this visa allows you to perform religious work on behalf of a legitimate U.S.-based religious organization. The R-1 visa is an essential tool for churches, temples, mosques, and other religious institutions in the U.S. that rely on foreign workers to fulfill spiritual needs and carry out religious missions.  Read more at www.askthelawyer.us. To read the complete analysis in our publication, click here, and on our immigration blog, click here.

In this comprehensive analysis, we will explore the process of applying for an R-1 visa, covering the eligibility requirements, step-by-step application process, consular involvement, and practical advice for overseas religious workers seeking to come to the United States to perform religious work. We’ll also address potential challenges and provide helpful tips for navigating U.S. immigration law in this context.

1. Understanding the R Visa Category

The R-1 visa is a non-immigrant visa for individuals who wish to come to the U.S. temporarily to perform religious work. This visa is available to individuals who are part of a bona fide nonprofit religious organization in the United States, and it applies to various religious roles such as ministers, missionaries, and those working in religious vocations or occupations.

Key Features of the R-1 Visa:

• Temporary Religious Work: The R-1 visa is specifically for individuals entering the U.S. to work in a religious capacity for a recognized religious organization. This includes ministers, religious instructors, or those involved in other religious vocations.
• Duration: The R-1 visa is typically issued for an initial period of up to 30 months (2.5 years) and can be extended for an additional 30 months, with a total maximum stay of 5 years.
• Family: R-1 visa holders can bring their spouse and unmarried children under 21 years of age to the U.S. under R-2 visas. However, R-2 visa holders cannot work in the U.S. but can attend school.
• Path to Permanent Residency: While the R-1 visa is a non-immigrant visa, it does allow for dual intent, meaning religious workers can apply for permanent residency (green card) later if they meet the eligibility requirements.

To qualify for an R-1 visa, the applicant and their religious organization must meet several criteria, and the application process involves both U.S. Citizenship and Immigration Services (USCIS) and the U.S. consulate in the applicant’s home country.

2. Eligibility Requirements for an R-1 Visa

Before applying for an R-1 visa, it’s essential to ensure that both the religious worker and the U.S.-based religious organization meet the required criteria. These include:

1. Religious Worker Qualifications

To qualify for an R-1 visa, the applicant must demonstrate that they are part of a recognized religious organization and that they will perform religious work in the U.S. Specifically:

• Membership in the Religious Organization: The applicant must have been a member of the religious denomination for at least two years prior to applying for the R-1 visa.
• Full-Time Employment: The religious work must be full-time, defined as at least 35 hours per week. This work must involve a traditional religious function, such as teaching religion, conducting worship services, or performing missionary work.
• Types of Religious Work: The applicant must be a minister, religious professional, or someone working in a religious vocation (such as a monk or nun) or occupation (such as a translator of religious texts).

2. U.S.-Based Religious Organization Requirements

The religious organization that will employ the worker in the U.S. must meet the following criteria:

• Non-Profit Status: The organization must be a non-profit religious organization recognized by the U.S. Internal Revenue Service (IRS) as tax-exempt under section 501(c)(3) of the IRS code.
• Ability to Pay: The organization must demonstrate its ability to provide financial compensation or support to the religious worker during their stay in the U.S.
• Valid Religious Purpose: The organization must engage in traditional religious functions, such as conducting worship services, religious education, or missionary work.

Once both the applicant and the religious organization meet these eligibility requirements, the application process can begin.

3. Step-by-Step Process for Applying for an R Visa

Step 1: U.S.-Based Religious Organization Files Form I-129

The application process for an R-1 visa starts with the U.S.-based religious organization filing Form I-129, Petition for a Nonimmigrant Worker. This petition is filed with U.S. Citizenship and Immigration Services (USCIS) and is necessary to prove that the religious worker meets all the requirements for the R-1 visa.

• Supporting Documentation: Along with Form I-129, the organization must submit evidence of its non-profit status, proof of the religious worker’s qualifications (e.g., religious training, membership), and a detailed description of the duties the worker will perform in the U.S.
• Filing Fee: As of 2024, the filing fee for Form I-129 is $460. It’s crucial to check the USCIS website for the most up-to-date fees before submitting the petition.
• Processing Time: USCIS processing times for Form I-129 can vary, but they generally take several months. However, premium processing is available for an additional fee, which guarantees a decision within 15 calendar days.

Step 2: Wait for USCIS Approval

Once USCIS receives Form I-129, they will review the petition and supporting documentation. If everything is in order, they will approve the petition and issue a Notice of Approval (Form I-797). This approval is necessary before the religious worker can apply for an R-1 visa at the U.S. consulate in their home country.

• Premium Processing: If time is a critical factor, the religious organization can opt for premium processing to expedite the approval of the I-129 petition.

Step 3: Apply for the R Visa at the U.S. Consulate

After the I-129 petition is approved by USCIS, the religious worker must apply for the R-1 visa at the U.S. consulate or embassy in their home country. This stage involves completing an online application and attending an interview at the consulate.

• Complete Form DS-160: The religious worker must fill out Form DS-160, the Online Nonimmigrant Visa Application. This form collects personal information about the applicant, including details about their background, employment history, and the purpose of their visit to the U.S.
• Pay Visa Fees: The visa application fee for an R-1 visa is currently $190 as of 2024. Applicants should check the latest visa fee rates on the U.S. Department of State website.
• Schedule a Visa Interview: After submitting the DS-160 form, the applicant must schedule an interview at the nearest U.S. consulate or embassy. The interview wait times vary depending on the location, so it’s advisable to schedule as early as possible.

Step 4: Attend the Visa Interview

The visa interview is a critical step in the process. During the interview, the consular officer will review the applicant’s petition, supporting documents, and ask questions to confirm the purpose of the trip and the applicant’s qualifications.

• Documents to Bring: The applicant should bring the following to the visa interview:
  • Valid passport (with at least six months of validity remaining).
  • Visa fee payment receipt.
  • DS-160 confirmation page.
  • Form I-797 (Notice of Approval) from USCIS.
  • Supporting documentation from the religious organization (such as evidence of the applicant’s qualifications and the purpose of the trip).
• Interview Questions: The consular officer will likely ask about the nature of the religious work, the applicant’s membership in the religious organization, and their intended stay in the U.S. The officer may also ask about ties to the applicant’s home country to ensure that they will return after completing their religious work.

Step 5: Visa Approval and Entry into the U.S.

If the visa is approved, the applicant will receive their passport with an R-1 visa stamp. This visa allows them to travel to the U.S. and begin their religious work.

• Port of Entry: Upon arriving in the U.S., the religious worker will be inspected by U.S. Customs and Border Protection (CBP) officers at the port of entry. CBP officers will review the visa and issue an I-94 arrival/departure record, which will indicate the length of time the worker is authorized to stay in the U.S.
• Commencement of Religious Work: Once admitted to the U.S., the religious worker can begin their duties as outlined in the approved I-129 petition.

4. Key Considerations for R Visa Applicants
5. Extension of Stay and Maximum Duration

The initial R-1 visa is typically issued for a period of up to 30 months. Religious workers who wish to continue their work in the U.S. can apply for an extension of their stay, with a maximum total stay of five years. To apply for an extension, the religious organization must file another Form I-129 on the worker’s behalf.

2. Path to Permanent Residency

While the R-1 visa is a temporary, non-immigrant visa, it allows for dual intent, meaning the religious worker may eventually apply for a green card (permanent residency) if they meet the eligibility criteria. This can be done through the EB-4 Special Immigrant category, which is specifically for religious workers who have been employed in the U.S. for a certain period of time.

3. Family Members

Spouses and unmarried children under 21 of R-1 visa holders can apply for R-2 visas to accompany or join the religious worker in the U.S. While R-2 visa holders are not allowed to work in the U.S., they are permitted to attend school or pursue other educational opportunities.

5. Conclusion

The R-1 visa offers a vital pathway for religious workers from overseas to come to the United States and contribute to the religious and spiritual life of communities across the country. From ministers and missionaries to religious professionals working in a vocation or occupation, the R-1 visa allows religious workers to fulfill their callings while performing critical roles within their organizations.

The process involves several steps, from securing sponsorship from a U.S.-based religious organization to filing petitions with USCIS and attending a consular interview. While the process can seem complex, careful preparation and following the specific requirements will help ensure a successful visa application.

For religious workers seeking long-term residency, the R-1 visa also opens the door to potential green card eligibility under the EB-4 category. Whether for a short-term mission or a longer-term commitment, the R-1 visa is a valuable option for those who wish to serve in the U.S. religious community.

The Law Firm of Figeroux & Associates, which has over 25 years practicing immigration law, can help you navigate the process and avoid common pitfalls. To schedule an appointment, visit www.askthelawyer.us or call 855-768-8845. The lawyer you hire does make a difference!