R1 Visa: A Complete Guide [2023]

What is an R1 Visa?

The R-1 visa is a nonimmigrant visa category that allows religious workers to enter the United States temporarily to engage in religious work. It is specifically designed for individuals who are members of religious denominations and who are coming to the U.S. to work as ministers, priests, or in other religious occupations or vocations.

What are the requirements for an R1?

To qualify for an R1 visa, an individual must meet certain criteria. Here are the general requirements for eligibility:

1. A nonprofit religious organization in the United States or an affiliated nonprofit organization will employ you.
2. You have been a member of a religious denomination with a legitimate nonprofit religious organization in the United States for at least two years before filing the petition.
3. You will work in the United States in a part-time position, averaging at least 20 hours per week.
4. You are either a minister or will engage in a religious vocation or occupation.
5. You will work specifically for the employer who submits the petition to classify you as an R-1 nonimmigrant.
6. You do not engage in any other employment except for religious work.

It’s important to note that these requirements are general guidelines, and specific eligibility criteria may vary depending on individual circumstances and the interpretation of the U.S. immigration authorities. It’s advisable to consult with an immigration attorney or refer to the U.S. Citizenship and Immigration Services (USCIS) website for the most up-to-date and detailed information on the R-1 visa requirements.

What are the benefits of an R1 visa?

The R-1 visa offers several benefits to religious workers who qualify for and obtain it:

1. Legal Authorization to Work: The R-1 visa provides legal authorization for religious workers to work in the United States for a specific religious organization. It allows them to engage in religious occupations, vocations, or ministerial roles as defined by the visa category.
2. Temporary Stay in the United States: The R-1 visa allows religious workers to stay in the United States temporarily, typically for a maximum period of 5 years. This provides an opportunity for religious workers to contribute to their religious communities and fulfill their religious duties in the U.S.
3. Opportunity for Religious Experience: Religious workers on an R-1 visa have the chance to gain valuable international experience by working with religious organizations in the United States. They can interact with diverse religious communities, share their religious teachings, and exchange knowledge and practices.
4. Accompanying Family Members: The spouse and unmarried children under the age of 21 of an R-1 visa holder may be eligible for R-2 dependent visas. This allows them to accompany the religious worker to the United States and reside there during the worker’s authorized stay. R-2 dependents may also attend school or college in the U.S., but the law does not authorize them to work.

It’s important to note that the R-1 visa is a temporary nonimmigrant visa and does not provide a direct path to permanent residency or a green card. However, it can serve as a stepping stone for religious workers who wish to explore other immigration options in the future.

What is the process to obtain an R1 Visa?

Step One: Submit the Form I-129 and Supporting Documents to USCIS

When filing Form I-129, Petition for a Nonimmigrant Worker, on behalf of a religious worker for the R-1 visa, you will include various supporting documents. These documents aim to provide evidence and support the eligibility of the religious worker and the bona fide nature of the religious organization. Here are the typical supporting documents required for the I-129 petition:

1. Evidence of Nonprofit Status: Documentation proving that the religious organization is a bona fide nonprofit entity, such as:

• IRS determination letter confirming tax-exempt status.
• Articles of incorporation or other organizational documents.
• Financial statements or annual reports.
• Bylaws or governing documents of the religious organization.

2. Proof of Religious Denomination Membership: Documentation demonstrating that the religious worker is a member of a religious denomination with a bona fide nonprofit religious organization in the United States, such as:

• Membership certificates or cards.
• Letters from religious authorities confirming membership.
• Baptismal certificates or other religious sacrament records.
• Official documents showing participation in religious activities.

3. Description of the Proposed Religious Work: A detailed explanation of the religious worker’s job duties and responsibilities, including:

• Job title and description.
• Duration of employment.
• Salary or compensation details.
• Explanation of how the role relates to religious activities or ministerial duties.

4. Evidence of Qualifications and Experience: Documents establishing the religious worker’s qualifications and experience in religious work, such as:

• Educational certificates or degrees related to religious studies.
• Training certificates or courses in religious studies.
• Letters of recommendation or reference from religious authorities.
• Employment records or letters confirming previous religious work experience.

5. Contract or Employment Agreement: A written contract or employment agreement between the religious worker and the U.S. religious organization, outlining the terms and conditions of employment.

6. Support Letters: Letters from authorized individuals within the religious organization, such as:

• Letters from senior religious officials endorsing the religious worker and affirming the need for their services in the United States.
• Letters from U.S. congregation members or beneficiaries of the religious worker’s services.

It’s essential to review the latest USCIS guidelines and instructions for Form I-129 and consult with an immigration attorney to ensure that you provide the appropriate and sufficient supporting documents specific to your case.

Step Two: Consular Processing at a U.S. Consulate Aboard

Apologies for any incorrect information provided earlier. Here is the corrected process for consular processing after the approval of Form I-129 for an R-1 visa:

1. Receipt of Form I-797 Approval Notice: After your I-129 petition is approved, USCIS will send you the Form I-797 Approval Notice. This notice serves as proof of your petition’s approval and is required for the consular processing.

2. Complete the DS-160: Fill out the online nonimmigrant visa application form DS-160. This form collects personal and background information about you. Ensure that you accurately provide the required information and save the confirmation page with the barcode.

3. Pay the Visa Application Fee: Pay the required visa application fee. The fee amount can vary, so it’s advisable to check the U.S. embassy or consulate’s website where you will apply for the visa for the current fee information and payment instructions.

4. Schedule the Visa Interview: Use the embassy or consulate’s website to schedule an appointment for a visa interview. You should schedule the interview at the U.S. embassy or consulate in your country of residence or where you have the most significant presence.

5. Gather Required Documents: Collect the necessary documents to bring to the visa interview. Required documents generally include:

• Passport: A valid passport that will remain valid for at least six months beyond your intended period of stay in the United States.
• DS-160 Confirmation Page: Print the confirmation page after completing the DS-160 application.
• Form I-797 Approval Notice: Bring the original Form I-797 Approval Notice issued by USCIS.
• Photographs: Provide two recent, color passport-sized photographs that adhere to the specified photo requirements.
• Additional Supporting Documents: Prepare any additional documents required by the specific U.S. embassy or consulate, such as the offer of employment, evidence of membership in a religious denomination, and other supporting documents mentioned earlier.

6. Attend the Visa Interview: On the scheduled date, attend the visa interview at the U.S. embassy or consulate. The consular officer will review your documents, ask you questions about your background, qualifications, and purpose of travel, and assess your eligibility for the R-1 visa.

7. Visa Issuance and Travel: If the consulate approves your visa application, the consular officer will affix the R-1 visa to your passport. Once you receive your passport with the visa, you can travel to the United States.

It’s important to note that specific procedures and requirements may vary depending on the U.S. embassy or consulate where you apply for the visa. It’s recommended to review the embassy or consulate’s website for detailed instructions and guidance on the consular processing specific to your location.

What is the processing time for an R1 Visa?

The processing time for an R-1 visa can vary depending on various factors, including the volume of applications, the specific U.S. embassy or consulate where the visa is being processed, and individual circumstances. It’s important to note that processing times are subject to change, and it’s advisable to check the most up-to-date information on the U.S. Department of State’s website or the website of the U.S. embassy or consulate where you will apply for the visa.

As a general guideline, the processing time for an R-1 visa can range from a few weeks to several months. Here are some factors that may affect the processing time:

1. USCIS Processing Time: The initial processing of the Form I-129 petition by USCIS can take several months. USCIS provides estimated processing times on its website, which can give you an idea of the timeframe for petition adjudication.
2. Consular Processing Time: After the petition is approved by USCIS, the next step is consular processing. The time it takes to schedule a visa interview and process the application at the U.S. embassy or consulate can vary. It’s recommended to check the specific embassy or consulate’s website for information on current visa appointment availability and estimated processing times.
3. Administrative Processing: In some cases, additional administrative processing may be required by the U.S. embassy or consulate. This can involve additional security checks or verification of information, which may result in additional processing time.
4. Time of Year and Demand: The time of year can also impact processing times, as visa application volumes may vary. Certain periods, such as holiday seasons or peak travel times, may experience higher demand and longer processing times.

To obtain the most accurate and up-to-date information regarding processing times, it is recommended to consult the U.S. Department of State’s website or the website of the specific U.S. embassy or consulate where you will apply for the R-1 visa.

Can I go from an R-1 to a green card?

Individuals on an R-1 visa can petition for a green card (permanent residency) after two years of religious work in the United States. Here is the corrected and detailed explanation:

After being in the United States on an R-1 visa and working in a religious occupation or vocation for at least two years, you may be eligible to apply for a green card through a process known as adjustment of status. The primary pathway for transitioning from an R-1 visa to a green card is through an employment-based category, specifically the fourth preference (EB-4) category.

Here’s an overview of the process:

1. Eligibility: To qualify for a green card under the EB-4 category as an R-1 visa holder, you must meet certain requirements, including:

• Having been employed continuously by the same religious organization that sponsored your R-1 visa for at least two years.
• Demonstrating that you have been working as a minister or in a religious occupation or vocation during your R-1 visa period.
• Obtaining a job offer from a U.S. employer (religious organization) to continue working in a religious occupation or vocation.

2. Form I-360: The first step is to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with the U.S. Citizenship and Immigration Services (USCIS). This form is used to establish your eligibility as a special immigrant religious worker.

3. Supporting Documents: Along with Form I-360, you will need to provide supporting documentation, which may include:

• Evidence of your continuous employment with the religious organization for at least two years.
• Documentation verifying your role as a minister or in a religious occupation or vocation.
• Proof of your qualifications and religious education.
• Letters of recommendation or reference from religious authorities.
• Any other supporting evidence to establish your eligibility.

4. Approval of Form I-360: If USCIS approves your Form I-360 petition, you will become eligible to apply for a green card.

5. Adjustment of Status or Consular Processing: Once USCIS approves Form I-360, you can apply for an adjustment of status if you are already in the United States. This involves filing Form I-485, Application to Register Permanent Residence or Adjust Status, to obtain a green card without leaving the country.

For other options to obtain your green card through an employer, check out our EB1, EB2, and EB3 pages!