R1 Visa Guide: Key Things to Know
R1 Visa Overview
The R1 visa is designed for international religious workers, allowing them to work in the United States for up to 5 years with an eligible non-profit religious organization or church.
Eligible Categories
The R1 visa supports three main categories of religious workers:
- Religious Vocation: Individuals undertaking a lifetime vow, such as nuns or monks.
- Religious Occupation: Those performing traditional religious duties fundamental to their faith.
- Minister: Trained clergy members performing ministerial duties.
Requirements
To qualify for the R1 visa, applicants must:
- Work for a bona fide non-profit religious organization or church.
- Meet specific criteria for their category (vocation, occupation, or minister).
- Ensure that the organization is a recognized, authentic religious denomination.
To confirm eligibility, consult our office to determine if your organization qualifies.
Advantages of the R1 Visa
The R1 visa offers several key advantages, including:
- Family Accompaniment: Bring your spouse and unmarried children (under 21) to the U.S. on R-2 status. Please note that R-2 holders cannot work in the U.S.
- Length of Stay: The ability to extend your stay in the U.S. for up to 5 years.
- Work Eligibility: No degree requirement for religious occupations; however, the job must involve traditional religious functions.
- Dual Intent: The R1 visa allows holders to pursue permanent residence (green card) without impacting their visa status.
R1 Visa Requirements
To qualify for the R1 visa, the following conditions must be met:
- Membership: You must be a member of the religious denomination for at least 2 years prior to the application.
- Religious Denomination: The organization must be a bona fide non-profit organization, tax-exempt under Section 501(c)(3) of the Internal Revenue Code. An IRS determination letter is required.
- Work Requirements:
- For religious workers: Must work part-time (at least 20 hours/week average).
- For ministers: Must be fully trained, authorized by the denomination, and conduct worship and clergy duties.
- Petition Requirements:
- Self-petitioning is not allowed; you require sponsorship from a U.S. employer.
- The employer must file Form I-129.
- Multiple qualifying employers are allowed, but separate petitions are required for each.
If you have any further questions or need assistance, please don’t hesitate to reach out to us at matif@atiflawfirm.com. We’re here to help!