The applicant must be in a religious occupation and must perform an activity that relates to a traditional religious function. Those in religious occupations include, but are not limited to, liturgical workers, religious instructors, religious counselors, cantors, catechists, workers in religious hospitals or religious health care facilities, laypersons that work as missionaries, religious translators, and religious broadcasters. Religious occupations may be professional positions (those requiring at least a bachelor’s degree) or nonprofessional occupations.
It is important to note that there is a difference between the special immigrant religious worker category for green card applicants and R-1 non-immigrant visas. The difference between the Special Immigrant and the Religious worker is that the Special Immigrant Petition requires 2 years of membership and continuous work experience before the petition is filed. The nonimmigrant Religious Worker visa requires only 2 years membership in the particular religious order or denomination which has a counterpart religious nonprofit organization in the United States.
INA §101(a)(15)(R) defines a nonimmigrant “religious worker” as an foreign national who:
Has been a member of a religious denomination having a bona fide nonprofit, religious organization in the United States for the 2 years immediately preceding an application, and
Seeks to enter the United States for a period not to exceed five years to perform the work of a special immigrant as described in INA §101(a)(27)(C)(ii).
INA §101(a)(27)(C)(ii) states that the term “special immigrant” includes an immigrant who seeks to enter the United States solely:
For the purpose of carrying on the vocation of a minister of that religious denomination;
To work for the organization at the request of the organization in a professional capacity in a religious vocation or occupation; or
To work for the organization (or for a bona fide organization that is affiliated with the religious denomination and is exempt from taxation as an organization described in §501(c)(3) of the Internal Revenue Code of 1986 (IRC)) at the request of the organization in a religious vocation or occupation.
The R-1 applicant must have been a member of the religious denomination for 2 years immediately preceding the application for admission. The regulations state that a religious denomination will “generally be found to have the following elements” or similar evidence of its bona fides:
some form of ecclesiastical government;
a recognized creed and form of worship;
a formal code of doctrine and discipline;
religious services and ceremonies;
established places of religious worship; and
religious congregations.
As discussed above, the religious denomination must have a bona fide, nonprofit organization in the United States. A “bona fide, nonprofit, religious organization” is defined as an organization exempt from taxation as described in §501(c)(3) of the IRC, or one that has never sought the exemption but would qualify for it. Thus far, it seems that only churches have qualified as a religious denomination.
Applying for an R-1 Visa
If an applicant is outside the US, he or she can apply for an R-1 visa directly at the appropriate consulate by presenting the required evidence. If approved, the applicant will be issued the visa on the spot without prior approval from the USCIS.
If the applicant is in the US and wishes to change from one nonimmigrant category to R-1 status, an application must be made with the USCIS. This is done by submitting by submitting a petition to the USCIS with the appropriate supporting documents.
Duration of Stay
R-1 workers may be admitted for up to 3 years initially and renewed in increments of up to 2 years for a maximum stay of 5 years. A person can obtain R-1 status again after remaining outside the US for one year before making another application.
Numerical Limits
Currently there are no numerical limitations on the R-1 religious worker visa.
Dependents
Dependents (spouses and unmarried children under 21 years of age) of R-1 religious workers are entitled to R-2 status. Dependents may not be employed under the R-1 status
Diversity Lottery
Employment-Based