An R-1 visa, also called a religious worker visa, is a non-immigrant temporary visa that is issued by the United States government. This type of visa allows a foreign national who is recognized as a religious worker to enter the United States and work for a non-profit religious organization.
The purpose of this type of visa is to allow a religious worker to perform the duties of their religious vocation or occupation, either in a professional or a non-professional capacity. Employment visas, such as H-1B visas, are a category of visas that allow foreign nationals to work in the United States for a certain period of time.
In contrast to the R-1 visa, which is specifically for religious workers, the H-1B visa covers a broad range of occupations and professions.
They typically include specialty occupations that require a bachelor’s degree or higher. Both the R-1 visa and the H-1B visa allows the visa holder to work legally in the U.S.
However, the type of work permitted and the eligibility requirements for the visas differ significantly. If an individual wanted to remain in the United States as a permanent resident after their visa expired, they would have to apply for a change in status.
What Are the Requirements for an R-1 Visa?
There are several requirements for an R-1 visa that an applicant must fulfill, which are discussed below:
Being a Member of a Religious Denomination Having a Bona Fide Non-Profit Religious Organization in the U.S.
This means that an applicant is required to belong to a religious group or to a community that has a genuine, established, non-profit religious organization in the United States. For example, if the applicant is a member of the Roman Catholic Church, the church would constitute a “bona fide non-profit religious organization.”
The Religious Denomination and its Affiliate are Either Exempt from Taxation or Qualify for Tax-Exempt Status
A religious organization in the United States can apply for tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. This status indicates that the organization operates for religious, educational, or charitable purposes and, therefore, is not required to pay federal income tax.
If a denomination or an affiliate of a denomination holds this status, the requirement is met. One example may be a Baptist church that obtained 501(c)(3) status.
The Applicant Has Been a Member of the Denomination for at Least Two Years Immediately Preceding the Application
This requirement is in place to ensure that the applicant has a genuine and longstanding connection to the religious denomination. For example, if the applicant is a Buddhist monk who has been a member of a monastic order for the past ten years, it would fulfill the requirement.
Be Entering the U.S. to Work at Least in a Part-Time Position, or an Average of 20 Hours Per Week
To meet this requirement, the applicant must be planning to work for a religious organization for at least 20 hours per week. For example, a religious sister who intends to work at a Catholic school teaching religious studies for 25 hours each week would fulfill this requirement.
Be a Minister or will be Working in a Professional Capacity in a Religious Vocation or Occupation
The applicant should be a minister or should carry out religious services or duties that require certain education or training. For example, a rabbi who delivers sermons and leads religious services in a synagogue or a religious scholar who delivers lectures and conducts research in theological studies would fulfill this requirement.
Be Coming to Work for Either a Non-Profit Religious Organization in the United States, a Religious Organization Authorized for Group Tax Exemption, or a Non-Profit Religious Organization Affiliated with a Religious Denomination in the United States
This requirement is in place to ensure the legitimacy of the applicant’s employer. If an applicant is coming to work for a religious charity that is registered as a non-profit and is tax-exempt, the requirement would be met. For example, an Islamic religious worker who is coming to work for an Islamic non-profit charity that provides humanitarian aid and is registered and tax-exempt in the United States would fulfill this requirement.
The Prospective Employer Must Provide a Bona Fide Job Offer and File a Petition with U.S. Citizenship and Immigration Services
The employer in the United States is required to file a Form I-129, Petition for Nonimmigrant Worker, on behalf of the applicant. This shows the employer’s intent to hire the applicant and the applicant’s commitment to comply with all applicable regulations and laws, including immigration laws.
For example, if a Hindu temple wants to hire a priest from India, it would file the petition, including evidence of the job offer, which may be a letter detailing the terms and conditions of employment in order to fulfill this requirement.
What Are the Benefits of an R-1 Visa?
There are several benefits to an R-1 visa. This visa allows an individual to perform the duties of their religious occupation or vocation in the United States.
These duties may be completed in a professional or non-professional capacity, so long as they are part of a religious denomination that has a bona fide non-profit religious organization in the U.S.
- On an R-1 visa, an individual can:
- Work legally in the U.S. for the religious organization that was the sponsor of the visa;
- Travel in and out of the U.S. or remain in the U.S. continuously until their visa expires;
- Study in the U.S., though the primary purpose should be religious work; and
- Bring their spouse and any unmarried children under the age of 21 along with them. They can apply for R-2 visas, which would allow them to study but not to work in the U.S.
How Long Does it Take to Get a Religious Worker Visa?
The time it takes an applicant to obtain their R-1 visa will depend on the volume of applications that are filed with the U.S. Citizenship and Immigration Services (USCIS), the details of their case, and the country they are applying from. In general, once the applicant’s religious organization files the Form I-129, it may take several months for the application to be processed by the USCIS.
Once an individual’s application is approved, then they apply for their visa at a U.S. embassy or consulate in their home country, which may also take a few weeks to a few months.
How Long Does a Religious Worker Visa Last?
The initial period of stay in the United States for a holder of an R-1 visa is up to 30 months. A stay extension may be granted for up to an additional 30 months.
The maximum amount of time an individual can stay on an R-1 visa is five years, or 60 months. It is important to note, however, that the actual validity of an individual’s R-1 visa may be shorter depending on the reciprocity schedule of their home country.
Once an individual has exceeded their maximum period of stay, they are required to leave the United States for at least one year before they will be eligible for R-1 status again.
Do I Need a Lawyer to Apply for an R-1 Visa?
If you are interested in applying for an R-1 visa or if you have already begun the process, it is essential to have the assistance of an immigration lawyer. Your lawyer can assist you with completing your application, ensuring you meet the requirements, fill out the paperwork correctly, and include any necessary extra documents and fees.
If you have any issues that arise during the application process, your lawyer can help you get through them. Having a lawyer’s help ensures that your application process will go as smoothly as it possibly can and that you have the best chance at success in obtaining a visa.
If you decide you would like to remain in the United States after your visa expires, your lawyer can help you with the process of becoming a permanent resident. Your lawyer can also help your family members do the same.
