R-1 R-1 Nonimmigrant Religious Workers

At a Glance

Item	Details
Visa name	R-1 Nonimmigrant Religious Worker
Purpose	Temporary religious work
Work rights	Approved religious employment, 20+ hours weekly
Stay	Up to 30 months; maximum 60 months
Cost	Not stated in the source
Eligibility timing	Denomination membership for two years
Study	Not stated in the source
Medicare	Not stated in the source
Travel facility	Visa or approved I-797 required
Citizenship	Not stated in the source
Family sponsorship	Spouse and unmarried children under 21
Family work rights	R-2 dependents cannot work
Visa record	Form I-94 arrival/departure record
Employer filing	Employer files Form I-129
Employer type	Qualifying nonprofit religious organization

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Purpose

The R-1 classification permits ministers and non-ministers in religious vocations or occupations to come temporarily to the United States for religious work.

The worker must perform qualifying work at least part time, averaging at least 20 hours per week.

Eligibility

You must:

• Be coming temporarily to work as a minister or in a religious vocation or occupation.
• Be employed by one of the following:
  • A U.S. nonprofit religious organization;
  • A religious organization authorized to use a group tax exemption; or
  • A nonprofit organization affiliated with a U.S. religious denomination.
• Have been a member of the relevant religious denomination for at least two years immediately before Form I-129 is filed.

Petition and Application Process

A prospective or existing U.S. employer must file Form I-129, Petition for a Nonimmigrant Worker, for the religious worker.

After USCIS approves the petition:

1. The worker applies for an R-1 visa through a U.S. consular post, if required.
2. U.S. Customs and Border Protection decides admission at the port of entry.
3. Visa-exempt workers must present the original Form I-797, Notice of Action, at entry.

Petitioners should submit a duplicate copy of Form I-129 and supporting documents. Failure to do so may delay visa issuance abroad.

Required Evidence

Organization tax-exempt status

The petitioner must provide evidence of qualifying tax-exempt status, such as:

• A currently valid IRS 501(c)(3) determination letter;
• A valid group tax-exemption letter and proof of group coverage; or
• For affiliated organizations, tax-exempt evidence, religious-purpose evidence, and denomination certification on Form I-129 Supplement R.

If the IRS letter does not identify the organization as religious, provide evidence of its religious nature and purpose, such as bylaws, articles of incorporation, brochures, or similar literature.

Compensation or self-support

The petitioner must provide verifiable evidence of intended compensation, including monetary or in-kind support.

Examples include:

• Compensation evidence for similar positions;
• Budgets showing salary funds;
• Room-and-board evidence;
• W-2 forms or certified tax returns.

If IRS documents are unavailable, explain why and provide comparable verifiable evidence.

A self-supporting worker must be part of an established temporary, uncompensated missionary program. Evidence includes the missionary program, the worker’s acceptance, religious duties, international denomination programs, and bank records or self-support budgets.

Worker qualifications

The petitioner must provide evidence of:

• Two years’ qualifying denominational membership; and
• The worker’s qualifications for the offered position.

For ministers, evidence generally includes:

• Ordination certificate or similar documentation;
• Evidence the denomination recognizes the worker as qualified;
• Evidence of required theological education, including transcripts and curriculum.

If the denomination does not require prescribed theological education, provide its ordination requirements, ordination duties and levels, and evidence the worker completed those requirements.

Stay and Extensions

USCIS may grant:

• An initial stay of up to 30 months; and
• Extensions of up to an additional 30 months.

Total R-1 stay cannot exceed five years (60 months). Only time physically spent in the United States in valid R-1 status counts toward this limit.

The five-year limit does not apply to certain workers who:

• Do not reside continuously in the United States;
• Work seasonally, intermittently, or six months or less yearly; or
• Live abroad and commute part time to the United States.

After reaching five years

An R-1 worker who reaches the five-year maximum must leave the United States. There is no longer a required minimum period outside the United States before seeking R-1 readmission.

Readmission requires:

• A new USCIS-approved Form I-129; and
• A new R-1 visa, if applicable.

For a worker who has reached or will reach the five-year maximum, the petitioner must request consular, pre-flight, or port-of-entry notification on Form I-129. The worker may be petitioned before departure but must depart before returning in R-1 status.

Work Conditions and Changes

USCIS may conduct on-site inspections before or after deciding a petition. The organization must provide the worker’s physical work address.

Inspections may verify:

• Work hours;
• Compensation;
• Duties; and
• Compliance with R-1 requirements.

The petitioner must notify USCIS within 14 days of a change in the worker’s employment.

To change employers, the new employer must file a new Form I-129, attestation, and supporting evidence.

A material change in work location, employment terms, or eligibility may require an amended petition and approval before the worker moves.

Family Members

An R-1 worker’s spouse and unmarried children under age 21 may qualify for R-2 classification.

R-2 dependents are not authorized to work based on R-2 status.

Intent and Permanent Residence

R-1 workers must intend to depart the United States when their authorized nonimmigrant stay ends.

However, USCIS cannot deny an R-1 petition, admission, change of status, or extension solely because the worker has filed or received approval of:

• A permanent labor certification application; or
• An immigrant visa petition.

Important Warnings

• Do not exceed the five-year maximum R-1 stay.
• If CBP issues an initial Form I-94 exceeding 30 months, ask CBP or a CBP Deferred Inspection Office to correct the error.
• Do not use Form I-102 to correct a CBP-issued Form I-94 error.
• An erroneous I-94 does not penalize the worker or petitioner, but exceeding five years may affect future immigration benefits.
• A post-five-year extension request may be denied even if the petition is approved for consular processing.