R-1 Religious
Worker Visa

What Is the R-1 Visa?

The R-1 classification was created to allow clergy members and other religious workers to come to the United States to temporarily work for a bona fide nonprofit religious organization. The work performed can be part-time but must be as a minister or in a religious vocation or occupation. Positions that are primarily supportive or administrative do not qualify for R-1 status.

Individuals in R-1 status may work for more than one qualifying employer, as long as each employer submits a separate petition with all required documentation. The pursuit of religious study or training for religious work while in R-1 status is generally limited to the amount of study or training necessary to perform one's duties. However, exceptions are possible for those who are in a religious vocation, such as nuns, monks, and religious brothers and sisters.

R-1 Requirements

Documentation from the Petitioning Organization

The petitioning U.S. organization must provide the following documentation with its R-1 petition:

• The necessary forms (at a minimum: Form I-129 with R-1 Supplement).
• A current letter from the IRS confirming 501(c)(3) tax-exempt status.
• An attestation, signed by an authorized official of the petitioner, that the petitioning U.S. organization is a qualifying R-1 employer.
• Documentation that establishes the religious nature and purpose of the petitioning organization.
• Organizational literature, such as articles, brochures, calendars, flyers, and other material describing the organization's religious purpose and nature.
• Evidence of physical premises.

Required Attestation Details

An authorized official of the petitioner must also sign an attestation covering the following details:

• The number of members of the petitioning employer's organization.
• The number of employees working at the same location where the religious worker will be employed, along with a summary of those employees' responsibilities.
• The number of religious workers holding special immigrant religious worker status or R-1 nonimmigrant status employed currently or within the past 5 years, as well as the number of petitions or applications filed on behalf of any religious workers in the past 5 years.
• The beneficiary's proposed job title, job description with daily duties, and specific location(s) of employment.
• The particulars of the salaried or non-salaried compensation or self-support for the position.
• A statement that the beneficiary will be employed at least 20 hours per week.
• A statement that the beneficiary will not be engaged in secular employment.
• A statement that the beneficiary is qualified to perform the duties of the offered position.
• A statement that the beneficiary has been a member of the denomination for at least two years.

Documentation from the R-1 Applicant

• Copy of valid passport.
• Copy of most recent I-94 Arrival/Departure Record.
• Copies of all previous USCIS Forms I-797, Approval Notice.
• Evidence of membership in the specific denomination for at least two years preceding the filing of the R-1 petition.

Evidence of Religious Credentials

The applicant must provide evidence of religious credentials, which may include:

• Certificate of Ordination or similar documents reflecting acceptance of the applicant's qualifications as a minister in the religious denomination.
• Evidence that the applicant has completed all prescribed theological coursework at an accredited theological institution, including transcripts, curriculum, and diploma.
• If there is no prescribed theological education: Evidence of the denomination's requirements for ordination and their completion by the applicant.

Consular Processing Documents

Upon approval of the R-1 petition, religious workers applying for an R-1 visa stamp at a U.S. consulate abroad will also need the following:

• A printout of the barcode page of Form DS-160, Online Nonimmigrant Visa Application.
• A passport that is valid for at least six months beyond the intended period of stay in the U.S.
• Proof of payment of the machine-readable visa (MRV) fee.
• I-797, Notice of Action (i.e., the I-129/R-1 approval notice).
• Any other documentation listed by the U.S. consulate abroad.

What to Expect from Site Inspections

USCIS commonly conducts R-1 compliance reviews through site inspections of the petitioning organization, either in person or by phone and email. These inspections are rarely announced in advance and may happen before approval of the I-129 R-1 petition and/or afterward.

Pre-Approval Inspection

A pre-approval inspection may include a tour of the petitioner's facilities and/or the R-1 worker's prospective work location, interviews with organization officials, and a review of organization records. Practically speaking, all supporting information used to file the underlying I-129 petition as well as any other records that USCIS considers pertinent to the integrity of the organization are fair game for scrutiny and questioning on a site visit.

Post-Adjudication Inspection

During a post-adjudication site visit, USCIS will seek to verify that the religious worker is working at the location stated on the petition and that the religious worker's stated duties and compensation information are accurate. If an inspector notes inconsistencies between the petition and what they see on their visit, the approved R-1 petition may be revoked and terminated.

Duration of Stay

An initial stay is granted for up to 30 months with the option for subsequent extensions for up to an additional 30 months. The total period of stay in R-1 status cannot exceed five years. However, only time spent physically in the U.S. and in valid R-1 status counts towards the five-year maximum.

Once the maximum is reached, the religious worker must leave the U.S. until a new Form I-129 is approved and a new R-1 visa has been issued (if required). The R-1 worker will then be eligible for a new five-year maximum period of stay.

Exceptions to the Time Cap

Exceptions to the five-year time cap exist for religious workers whose employment in the U.S. is seasonal, intermittent, or for a total of six months or less per year, or who reside abroad and commute to the U.S. to work part-time.

Family Members

The R-1 worker's spouse and unmarried children under the age of 21 are eligible to apply for R-2 status to accompany or join the R-1 principal in the U.S. Spouses and children in R-2 status cannot accept employment but may attend school full-time or part-time.

Compensation

In general, religious workers must be compensated by the petitioning organization, whether through a salary or with non-monetary, in-kind compensation, such as room and board. Exceptions are possible for certain R-1 missionaries whose work will be part of an established, well-documented program for temporary and traditionally uncompensated missionary work.

In either case, USCIS requires verifiable documentation of how the petitioner plans to compensate the R-1 worker, or how the worker intends to support him or herself.

Quasi Dual Intent

U.S. immigration regulations make clear that R status must be temporary in nature. However, R-1 holders and their dependents are not required to maintain a residence outside the U.S. to demonstrate temporary intent.

B-1 Visitor in Lieu of R-1 Religious Worker

Some religious activities do not constitute "work" and thus can be performed while in B-1 visitor status. This can be a useful alternative for certain types of religious activities that do not require R-1 classification.

Activities Permitted Under B-1 Status

• Attending religious services or conferences.
• Engaging in private worship, prayer, or meditation.
• Pursuing informal religious study.
• Ministers coming to the U.S. on an evangelical tour or to temporarily exchange pulpits with their U.S. counterparts.
• Members of religious denominations entering the U.S. temporarily and solely to perform missionary or certain volunteer work, as long as their activities involve neither the solicitation or acceptance of donations nor the selling of articles.

Legal and Policy Sources

• 8 C.F.R. § 214.2(r)
• 8 C.F.R. § 214.2(b)(1)
• Vol. 9, Foreign Affairs Manual § 402.16
• Vol. 9, Foreign Affairs Manual § 402.2-5(C)(1)
• USCIS.gov, R-1 Nonimmigrant Religious Workers; Policy Manual, Vol. 2, Part O, Religious Workers (R)
• Travel.State.gov, Temporary Religious Worker Visa