The R-1 visa is a nonimmigrant visa available to foreign nationals who wish to come to the U.S. temporarily to be employed as a minister or in another religious vocation or occupation by a non-profit religious organization. This visa allows religious workers to perform essential duties in support of their religious community and faith-based organization.

The R-1 visa is initially granted for up to 30 months (2.5 years) and can be extended for a total maximum stay of 5 years.

Eligibility Criteria for R-1 Visa

To qualify for an R-1 visa, several specific requirements must be met by both the religious worker (beneficiary) and the sponsoring religious organization (employer):

• For the Religious Worker (Beneficiary):

• Must be employed in a religious vocation or religious occupation with a non-profit religious organization in the U.S. The role can include positions such as ministers, priests, rabbis, or individuals engaged in religious teaching, worship leading, or other faith-based services.

• Must be employed part-time or full-time, with an average of at least 20 hours per week.

• Must have been a member of the religious denomination for at least two years immediately prior to the application.

• For the Religious Organization (Employer):

• Must be a non-profit religious organization in the U.S. with recognized tax-exempt status under U.S. law (as a 501(c)(3) organization).

• Must demonstrate the ability to financially support the R-1 visa beneficiary, including providing for their living and physical needs during their stay in the U.S.

Types of Religious Work Eligible for R-1 Visa

• Ministers: Ordained ministers or clergy responsible for conducting religious worship, ceremonies, and rites.

• Religious Vocations: Individuals engaged in formal religious duties, such as monks, nuns, or members of religious orders, who have taken lifelong commitments.

• Religious Occupations: Individuals performing functions related to the religious organization, such as religious instructors, missionaries, or religious counselors.

Application Process for R-1 Visa

The application process involves several steps, starting with the sponsoring religious organization filing a petition on behalf of the religious worker:

1. Filing Form I-129: The sponsoring organization must file Form I-129 (Petition for Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS).

2. Supporting Documentation: The petition must include:

• Proof of the sponsoring organization's non-profit, tax-exempt status.

• Documentation of the employment offer for the religious worker, outlining job duties, hours, and responsibilities.

• Evidence that the religious worker has been a member of the religious denomination for at least two years.

• Financial records showing the organization’s ability to support the worker during their stay.

3. USCIS Approval: Once approved, the religious worker can apply for an R-1 visa at a U.S. consulate or embassy abroad, or if already in the U.S., they may request a change of status.

R-1 Visa Duration

• The R-1 visa is granted for an initial period of 30 months (2.5 years).

• The visa can be extended for an additional period, with a maximum stay of 5 years.

Why Choose Sharma Law Associates for R-1 Visa Services?

At Sharma Law Associates, we specialize in helping religious organizations and workers navigate the complexities of the R-1 visa process. Our services include:

• Eligibility assessments for both the religious organization and the worker to ensure compliance with USCIS requirements.

• Assistance with gathering the necessary documentation, including proof of the organization’s tax-exempt status and evidence of the worker’s qualifications.

• Filing the petition (Form I-129) on behalf of the sponsoring religious organization.

• Providing ongoing support through the visa approval process, including guidance on visa interviews and USCIS communications.

We ensure that your case is presented comprehensively and that you have the best possible chance for approval.

Frequently Asked Questions (FAQs)