Employment Visas: Your Guide to R-1 Visas (Religious Workers)

As explained by United States Citizenship and Immigration Services (USCIS), an R-1 visa is a specialized type of employment visa that is designed specifically for qualifying religious workers. Here, our Northern Virginia employment immigration attorney provides an overview of the key things that you need to know about R-1 visas.

Who Qualifies for an R-1 Religious Worker Visa?

R-1 religious worker visas are for a narrow category of professionals. Immigration law allows certain foreign nationals to enter the United States temporarily to perform religious work. The R-1 visa category applies to individuals who will work as ministers or in other qualifying religious occupations or vocations. Here are two key requirements under federal law:

1. The applicant must have been a member of the sponsoring religious denomination for at least two years immediately preceding the visa petition;
2. The religious organization must also qualify as a bona fide nonprofit religious organization in the United States. Most often that is proven through federal tax-exempt status under 26 U.S.C. § 501(c)(3).

The American-Based Religious Organization Starts the Process

As a general matter, the R-1 process begins when the sponsoring religious organization files Form I-129, Petition for a Nonimmigrant Worker, with USCIS. The petition must include evidence that the position constitutes a legitimate religious occupation or vocation and that the worker meets the membership and qualification requirements. It should be noted that USCIS regulations require the petitioning organization to provide documentation regarding the nature of the religious work, the worker’s compensation arrangement, and the organization’s nonprofit religious status.

R-1 Visa are Generally Good for 30 Months (and Can Be Extended Once) 

An approved R-1 visa allows a foreign national to enter the United States temporarily to perform religious work for the sponsoring organization. Federal regulations permit an initial admission period of up to 30 months. The visa holder may request an extension for an additional period of up to 30 months. However, the total period of stay in R-1 status generally cannot exceed five years. While an extension of an R-1 visa will not be automatically approved, many applicants qualify.

What to Know About Transitioning From an R-1 Visa to Permanent Residence

Some religious workers may eventually pursue lawful permanent residence through the special immigrant religious worker category. This process typically requires filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. To qualify, the applicant must satisfy additional statutory requirements related to the religious work and the sponsoring organization. If you have any questions about this transition, an experienced Virginia immigration attorney can help.

Contact Our Virginia Employment Immigration Lawyer for Religious Workers Today

At Escobar Law Offices, our Virginia employment immigration attorney has the skills and experience to handle religious worker visas. If you have any questions about R-1 visas for religious workers, we can help. Contact us today to set up a strictly confidential, no obligation initial case consultation. We handle R-1 visa applications throughout Northern Virginia.

Source:

uscis.gov/working-in-the-united-states/temporary-workers/r-1-nonimmigrant-religious-workers