The R1 visa is a temporary visa for religious workers who want to work in a religious organization in the United States for a maximum period of 5 years. The organization must be registered as either a non-profit organization in the US, a religious organization that is tied to any religious denomination in the US, or a religious organization which has a group tax exemption.
Only ministers and those who are directly tied to the religious work are qualified. Administrative and clerical workers or any support personnel cannot apply for the R1 visa and must go through applying for other applicable visas.
R1 Visa Requirements
Here is the list of requirements that the applicant and the organization must fulfill:
- Be a member of a religion for the past two years.
- Find a job in the non-profit religious organization, or an organization affiliated with the religion.
- Be a minister or a person working directly in the religious occupation.
- Commit to working at least 20 hours per week (part-time).
- Must not work in other positions except in their religious capacity.
- The religion must have a non-profit organization in the US that has:
- Its own Internal Revenue Service letter of 501(c)(3)
- A group tax exemption.
- An affiliation with a religion which has tax exemptions under 501(c)(3) rules or other IRS codes that does not make it a religious organization by definition.
- The religion must have the following characteristics:
- Worship similarly.
- Have a shared faith amongst their members.
- Perform similar rituals, services, and ceremonies.
- Have a shared code of discipline and doctrine.
- Have organizations that are religious.
- Have a shared place of worship.
Supporting Documents for a R1 Visa Application
It must contain these documents:
- Your valid passport
- One photograph following the visa Photo Requirements
- The Form DS-160 confirmation page
- Receipts proving you have paid all fees
- The visa interview appointment letter
- Your Form I-797 to prove that your petition has been approved
- Proof of your eligibility for the R1 visa:
- Evidence that you have belonged to the religion for the past 2 years
- Recommendation letters from other religious affiliations you have had
- Contract with your US employer
- Educational qualifications that prove you have the right to work in a religious position (such as a minister)
- Proof of financial support or that the employer will compensate you
How to apply for the R1 visa?
To get a R1 visa, you must go through these steps:
Step 1: File the petition - the employer
The employer must initiate the process by filling in Form I-129, Petition for Nonimmigrant Worker. This petition will cost $460 which must be paid by the employer or organization. However, in addition to the form, the organization must attach other documents to prove their eligibility and the applicant’s eligibility:
- If the organization is a religious one as per the IRS 501(c)(3), they must submit a letter from the IRS proving they are tax exempt
- If the organization is group tax exempt, they must submit a letter from the IRS proving their status
- If the organization has a religious affiliation but is not defined as a religious organization, it must submit these documents:
- Letter from IRS proving they are tax exempt
- Proof that they have a religious affiliation
- Proof that they have a religious purpose and description of their activities
- A letter from another religious organization stating that the petitioning organization has a religious affiliation
- Proof that they compensate religious workers with a salary or in-kind benefits such as:
- Past documents showing the compensation of religious workers in similar positions
- Proof that they will provide accommodation to the worker
- Budget documents which show planned expenses for salaries or in-kind benefits
As for the applicant, the organization submitting the petition must provide these documents to establish eligibility:
- The applicant’s tax returns in the US or if not applicable, comparable documents
- If the employee will not be paid, provide proof that they have the means to support themselves temporarily
- Proof that the applicant is affiliated with the religion and has been so for the past two years
If USCIS approves the petition, they will send the organization and the applicant Form I-797, Notice of Action.
Step 2: Fill in Form DS-160
Form DS-160, Online Nonimmigrant Visa Application will have questions regarding your personal information, background, and purpose of visit to the US. When you complete the form and submit it, you will get a confirmation page and code which you need to have in your documentation file.
Step 3: Pay the fees
The visa application fee for the R1 visa is $190. Also, other fees might apply depending on the relationship of your country with the US. These fees are called visa issuance fees and may vary from country to country. After you have completed all your payments, you must keep the receipts as proof and attach them to your document file.
Step 4: Schedule your visa interview
When you complete scheduling an interview, you will get a visa interview confirmation letter, which you need to bring with you to your interview.
Step 5: Prepare your document file
Your documents file must contain necessary proof to establish your intent for going to the US.
Step 6: Attend the visa interview
Have the documents with you and be on time for your interview. The official will ask you questions about your background, your plans, and your purpose for visiting the US. You must give as much detail as possible to convince them that you will have employment and compensation in the US.
How long is the R1 visa processing time?
After the employer sends in the petition, it takes around 6 months for USCIS to respond, due to the fact that they might have to visit the premises of the organization. If USCIS has visited the organization before and approved them, then premium processing is available for an extra $1,225 fee. With premium processing, you will get a response on your visa in about 2 weeks.
Without premium processing, after USCIS approves the petition, it might take another 2 to 3 months for the visa to process. So in total, the R1 visa processing time could be 8 to 9 months without premium processing.
How Long is The R1 Visa Valid?
The initial period that your R1 visa will be valid for is 30 months. Afterwards, you can apply for an extension and if approved, it will give you an additional 30 months. USCIS will not give you any more extensions beyond 60 months. When you have stayed in the US for that maximum period of time, you can either return to your home country or seek permanent residence.
Can I get a Green Card with an R1 visa?
You can get permanent residence if you have the R1 visa. This can be done by usual methods of marriage, family, or changing your status to a dual intent visa. However, other methods include applying for the EB-4 Green Card, which allows religious workers to get permanent residence in the US.
Can I bring my dependents with an R1 visa?
Your spouse and unmarried children under 21 years old may accompany you to the US by applying for an R2 visa. They can apply at the same time as you or after you have a valid R1 visa. You must submit a valid marriage certificate and birth certificates to prove your relationship to them.
With an R2 visa, your dependents can stay with you for as long as your R1 visa is valid, and get a Green Card if you are approved for one. They may engage in part or full time studies, but are not allowed to work with the R2 visa.