Ministers and non-ministers in religious vocations and occupations may come to the U.S. temporarily for the purpose of performing religious work. An R-1 nonimmigrant is an alien who is coming to the United States temporarily to work at least part time (an average of at least 20 hours per week) as a minister or in a religious vocation or occupation.
Coming to the United States temporarily to work at least part time (average of at least 20 hours per week)
Working as a minister or in a religious vocation or occupation
Employed by a non-profit religious organization in the United States, or a religious organization authorized by a group tax exemption holder, or a non-profit organization affiliated with a religious denomination
Have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least two years immediately before filing the petition
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Regulatory Criteria
Religious Organization Requirements
The R-1 worker must be employed by a qualifying religious organization. A prospective or existing U.S. employer must file Form I-129 on behalf of the alien seeking to enter as a nonimmigrant minister or religious worker.
Examples
Non-profit religious organization in the United States
Religious organization authorized by a group tax exemption holder to use its group tax exemption
Non-profit organization which is affiliated with a religious denomination in the United States
Proof of Tax-Exempt Status
The petitioner must provide evidence of the organization's tax-exempt status. The type of evidence required depends on how the organization obtained its tax exemption.
Examples
Currently valid IRS 501(c)(3) determination letter for organizations with individual tax exemption
IRS group tax-exemption determination letter and documentation that organization is covered under the group exemption
Letter from parent organization authorizing use of group tax exemption
Directory or membership listing confirming coverage under group exemption
If organization is affiliated with denomination: determination letter, documentation of religious nature and purpose, and religious denomination certification
Compensation Requirements
The petitioner must submit verifiable evidence showing how it intends to compensate the religious worker, including specific monetary or in-kind compensation, or how the R-1 nonimmigrant will be self-supporting.
Examples
Past evidence of compensation for similar positions
Budgets showing monies set aside for salaries, or leases
Evidence that employer will provide room and board
W-2 forms or certified tax returns
For self-supporting missionary work: evidence of established program for temporary, uncompensated missionary work and sources of self-support
Denominational Membership Requirements
The petitioner must submit evidence that the religious worker has been a member of the religious denomination for at least two years immediately before filing Form I-129.
Examples
Evidence of membership in a religious denomination having a bona fide non-profit religious organization in the United States
Membership must be for at least two years immediately before filing Form I-129
Evidence to establish the religious worker is qualified to perform the duties of the offered position
Minister Qualifications
If the religious worker will work as a minister, the petitioner must provide specific documentation regarding ordination and theological education.
Examples
Copy of the religious worker's certificate of ordination or similar documents
Documents showing the religious denomination accepted the worker's qualification as a minister
Evidence of completion of prescribed theological education at an accredited theological institution
Transcripts, curriculum, and documentation that the theological institution is accredited by the denomination
If denomination does not require prescribed education: denomination's requirements for ordination, list of duties, levels of ordination, and evidence requirements were completed
Period of Stay
USCIS may grant R-1 status for an initial period of admission for up to 30 months and subsequent extensions for up to an additional 30 months. Total period of stay cannot exceed five years (60 months).
Examples
Initial period of admission: up to 30 months
Extensions: up to an additional 30 months
Maximum total period of stay: 5 years (60 months)
Only time spent physically in the United States in valid R-1 status counts toward the maximum
On-Site Inspections
USCIS may conduct on-site inspections either before or after a final decision is made on the petition to verify information and supporting evidence.
Examples
Inspections may occur before or after a final decision on the petition
Successfully completing a pre-decision inspection is a condition for approval
Organization must provide physical address where beneficiary will work
Inspections may verify work hours, compensation, and duties
Post-adjudication inspections may occur in cases of suspected non-compliance
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Application Process
Employer Files I-129
U.S. employer files Form I-129, Petition for a Nonimmigrant Worker.
Tax-Exempt Evidence
Submit proof of organization's tax-exempt status.
Compensation Evidence
Provide verifiable evidence of how worker will be compensated.
Membership Evidence
Show two years of denominational membership.
USCIS Review
USCIS reviews petition; may conduct on-site inspection.
Visa Application
After approval, apply for R-1 visa at U.S. Embassy or Consulate.
Admission
Present Form I-797, Notice of Action, at port of entry for visa-exempt workers.
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Key Benefits
Perform religious work in the United States temporarily
Initial admission for up to 30 months
Extensions available for up to an additional 30 months
Maximum total stay of 5 years (60 months)
Work at least part-time (average of at least 20 hours per week)
Spouse and children may accompany on R-2 classification
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Documents Needed
Form I-129, Petition for a Nonimmigrant Worker (filed by employer)
Form I-129 Supplement R
Currently valid IRS tax-exempt determination letter
Evidence of compensation (budgets, W-2s, tax returns, room and board documentation)
Evidence of two years of denominational membership
Certificate of ordination or similar documents (for ministers)
Evidence of theological education (transcripts, curriculum, accreditation)
Physical address where beneficiary will work
Duplicate copies of Form I-129 and all supporting documents
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Frequently Asked Questions
How long can I stay in the United States on R-1 status?
USCIS may grant R-1 status for an initial period of up to 30 months, with extensions for up to an additional 30 months. Your total period of stay in R-1 classification cannot exceed five years (60 months). Only time spent physically in the United States in valid R-1 status counts toward the maximum.
What is the minimum work requirement for R-1 status?
An R-1 nonimmigrant must work at least part time, defined as an average of at least 20 hours per week, as a minister or in a religious vocation or occupation.
What types of organizations can petition for R-1 workers?
Petitioning organizations must be: a non-profit religious organization in the United States, a religious organization authorized by a group tax exemption holder to use its group tax exemption, or a non-profit organization affiliated with a religious denomination in the United States.
What is the two-year membership requirement?
To qualify for R-1 status, you must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least two years immediately before filing the petition.
Can USCIS inspect the work location?
Yes. USCIS may conduct on-site inspections either before or after a final decision on the petition to verify information and supporting evidence. Successfully completing a pre-decision inspection is a condition for approval. Organizations must provide the physical address where the beneficiary will work.
Can my family accompany me?
Yes. Your spouse and unmarried children under 21 may apply for R-2 classification to accompany you to the United States.
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Fees
Attorney Fee for I-129
$2,400 (Initial $1,400; Monthly $500)
USCIS Fee for I-129 (Asylum: $0)
$510
Premium Processing
$1,685
Attorney Fee for DS-160
$500 per Person
USCIS Fee for DS-160 Embassy Fee
$185
Fees are estimates and may change. Contact us for a quote for your specific case.
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