R-1 Visa for Religious Workers

1. What is an R-1 visa?


An R-1 visa is a nonimmigrant visa that allows an individual to enter the United States temporarily to work in a religious capacity. To qualify for this visa, the individual must be an employee of a religious denomination and have been a member of the denomination for at least two years. The visa is typically issued for three years, but may be extended for another two years.

2. How long is an R-1 visa valid for?


An R-1 visa is valid for up to five years.

3. What activities are allowed under an R-1 visa?


The R-1 visa is a nonimmigrant religious worker visa. People with R-1 status are allowed to work in the US for a religious organization or nonprofit religious organization on a temporary basis. This visa can be used for full-time or part-time religious work, including, but not limited to, preaching, teaching, conducting worship services, and performing sacerdotal functions.

4. Who qualifies for an R-1 visa?


An R-1 visa is a nonimmigrant visa issued to individuals who wish to come to the United States temporarily to be employed as a minister or in another religious occupation or vocation. The individual must be coming to the U.S. to work for a non-profit religious organization or an organization affiliated with a religious denomination.

5. What documents do I need to apply for an R-1 visa?


You will need to provide an R-1 visa application form, your passport, two passport-style photos, proof of your nonimmigrant intent (such as a letter from your employer or sponsoring organization), proof of your financial ability to support yourself while in the US, and evidence that you have been working in a religious vocation or occupation for at least two years. You may also need to provide evidence of your qualifications for the position you are seeking, as well as any other relevant documents.

6. How long does it take to get an R-1 visa?


The processing time for an R-1 visa can vary depending on the circumstances of the applicant and the U.S. embassy or consulate where the application is being processed. Generally, it can take anywhere from 1 to 3 months.

7. What fees are associated with applying for an R-1 visa?


The cost of applying for an R-1 visa depends on the type of visa. The application fee for an R-1 visa is $190. Additionally, there is a $190 fee for fingerprinting and a $500 fraud prevention and detection fee.

8. Is it possible to extend an R-1 visa?


Yes, it is possible to extend an R-1 visa. Applicants must submit Form I-539, Application to Extend/Change Nonimmigrant Status, along with supporting documents to USCIS to request an extension of their R-1 visa.

9. What are the requirements for maintaining an R-1 visa status?


In order to maintain R-1 visa status, the foreign national must:

1. Maintain a valid passport
2. Remain employed in their position or occupation as an employee of the same U.S. employer that filed the initial petition for the R-1 visa
3. Not work for any other employer except with the specific authorization of USCIS
4. Not engage in unauthorized activities, such as unauthorized study, outside of their R-1 occupation
5. Not remain in the U.S. beyond the validity period of their visa or any extensions granted by USCIS
6. Not abandon their residence abroad

10. How long can I stay in the US on an R-1 visa?


The maximum period of stay for an R-1 visa holder is normally five years. After five years, the holder must leave the US for at least one year before reapplying for an R-1 visa.

11. Can I change my status from an R-1 visa to another type of visa while I’m in the US?


Yes, you can change your status from an R-1 visa to another type of visa while in the US, provided you meet the eligibility requirements for the new visa. You will need to submit a Form I-539, Application to Extend/Change Nonimmigrant Status, with the U.S. Citizenship and Immigration Services (USCIS). You may also need to pay an additional processing fee, depending on the new visa type.

12. Are there any restrictions on the type of job I can do while in the US on an R-1 visa?


Yes, as an R-1 visa holder, you are restricted to working only in a religious vocation or occupation. This includes ministers, professional religious workers, and those working in a religious vocation or occupation.

13. Are there any travel restrictions associated with an R-1 visa?


Yes, there are travel restrictions associated with an R-1 visa. A principal R-1 visa holder must remain in the United States for at least one year before they can travel outside of the country. Additionally, each trip abroad must be no longer than five months in length.

14. Do I have to leave the US at the end of my R-1 visa period?


Yes. You must depart the United States before your authorized period of stay expires. If you do not, you may be subject to removal proceedings and other penalties.

15. Are there any benefits associated with having an R-1 visa?


Yes, some of the benefits associated with having an R-1 visa include the ability to work in the United States for a specific religious organization for up to five years, access to certain public benefits such as Social Security and Medicare, and the opportunity to apply for permanent residence in the United States at the end of the R-1 period.

16. Can I bring my family with me when I travel on an R-1 visa?


No, family members are not allowed to accompany you when you travel on an R-1 visa. Family members can only accompany the R-1 visa holder when they are petitioning for a change of status to a different type of visa.

17. Is there a minimum duration of stay that must be met when applying for an R-1 visa?


Yes, applicants must be able to demonstrate that they will be in the US for at least one year in order to qualify for an R-1 visa.

18. What rights do I have while in the US on an R-1 visa?


Generally, while in the US on an R-1 visa, you have the same rights and privileges as any other nonimmigrant visitor. This includes the right to work, the right to receive payment for services rendered, the right to travel freely within the US, and the right to apply for permanent residence if eligible. In addition, you are entitled to the same protections and rights afforded to any other nonimmigrant visitor under US immigration law.

19. How long do I have to leave the US after my R-1 visa expires before reapplying?


The Department of Homeland Security recommends a minimum of one year before reapplying for an R-1 visa. However, if your purpose for the return visit is the same as before, you may be able to apply sooner. You should speak with an immigration attorney to determine the best course of action.

20. Are there any restrictions on the type of religious activities I can participate in while in the US on an R-1 visa?


Yes, restrictions on activities vary depending on the visa type and the purpose of your stay. Generally, you are not allowed to engage in any type of remunerative activity while in the US on an R-1 visa. You are not allowed to participate in any activity that would constitute gainful employment, which includes any activity with a commercial intent. Additionally, R-1 visas are only for religious workers, so you must be engaging in activities which are related to your religious purpose in order to remain in status.