Are you interested in working as a religious worker in the United States? If so, your best option is to obtain an R-1 visa. This visa is for people who don’t want to stay long term and are visiting for work, specifically for folks from other countries who want to work in religious roles in the US. The R-1 visa is for people working in religion. It lets you work for any qualified religious non-profit body or church for up to 5 years. It is a way for these workers to come to the US, work, and live here temporarily.
The R-1 visa for the US is run by the government and is for people who want to come to the US to follow their religion, get into religious work, or do religious service. Each category has its own rules you need to meet.
For example, if you are looking to follow your religious calling, it could be being a nun, monk, or anyone who has sworn a lifelong oath. If you want to do religious work, you need to do tasks that are key to the religion and are crucial to its beliefs.
If you are coming to the US to be a minister, you need to be a certified clergy member, have a license to be a minister, and have training in it. The organization you are joining needs to be legitimate.
In this guide, we are going to go over everything you need to know about this visa.
What is an R-1 visa in the USA?
An R-1 visa is for people from other countries who come to the US to work with a religious organization for a couple of years, up to 30 months or 2.5 years. After the first 2.5 years, if everything goes well, you can ask for another 2.5 years to stay, which can add up to 5 years total.
To get an R-1 visa, you need to work for a religious charitable body or church for at least 20 hours every week, and you must meet certain requirements. Not everyone can get this visa. For example, if you are not a member of the religious group you are working with, you won’t qualify. Non-religious people, like secular folks, can’t get R-1 visas.
Why should you get an R-1 visa?
Having an R-1 visa lets you do a lot more than just work. You can get a driver’s license, open a bank account, and go to school for religious studies, whether it is full-time or part-time. You can also travel outside of the US without worrying about it messing up your visa. Plus, if you are working part-time in the US and part-time elsewhere, you are still allowed to work in the US.
An R-1 visa lets you leave the US for a bit to work elsewhere, too. There is no limit on how many R-1 visas can be issued. Anyone who meets the requirements can get an R-1 visa and work in whatever field they choose.
If you are married to someone with an R-1 visa, or if your kids are, they can come to the US too. But they can’t work. The R-1 visa is special because it lets you work in the US while also working as a step towards getting a green card or permanent residency.
There are a few ways to get a green card with an R-1 visa, like getting a green card through marriage, family reunification, or by changing your immigration status. But there are other ways too, like getting an EB-4 green card for religious workers.
Who can get the R-1 visa?
If you are looking to work as a religious worker in the US, you must check a few boxes. The reason for this is that not every religion fits into the US. So, there are certain things you and your employer need to show that you qualify.
To be able to get an R-1 visa in the US, you need to:
- Have been a member of a religious group for the past two years.
- The religious group you are in must be a non-profit body in the US.
- You need to work for a non-profit organization.
- You must be either a minister or a staff member at that non-profit organization.
- Be ready to work at least 20 hours a week on a part-time basis.
- You can’t be doing another job that doesn’t involve your religious work.
An R-1 visa in the US is given to people who are sponsored by religious groups that meet these requirements:
- They are based in the US.
- Work as a religious organization.
- Are not-for-profit.
- They are exempt from tax in the US.
If your organization is in the US and meets these requirements, then you can start the process of getting your R-1 visa. But, with so many religions out there, the US government has given a clear definition of what a religion is and what makes someone qualified for an R-1 visa.
A religious group is simply a bunch of people who all worship the same god and follow the teachings of their religious leader. They do this by:
- Believing the same things.
- Doing the same rituals, services, and ceremonies.
- Following the same rules of behavior.
- Having religious groups.
- Having a place where they worship together.
Steps to getting your R-1 visa:
Here is what you and your sponsor need to do to get your R-1 visa in the US:
- Start the process by getting your sponsor’s approval.
You can’t even start filling out the forms without your sponsor’s approval. Your sponsor must ask USCIS to let you work in the US.
After this, there are a few other steps both you and your sponsor need to take to get the R-1 visa. Here is a quick rundown of them.
- File the petition.
Your sponsor needs to fill out the Form I-129 for the religious worker. They will need to pay the fees and have all the right documents ready. It is a good idea to talk to a pro-immigration lawyer in New York.
Make sure you have a copy of the filled-out form and that it is signed. USCIS will let you know when they are coming over to check out your place of worship. They will make sure your place of worship is legit, meets the requirements, and that all the info you gave is correct.
The USCIS official might want to chat with you or someone from your place of worship, especially the boss who signed your petition. If everything goes well, they will approve your petition with Form I-797.
- Fill out the DS-160 form.
Once your I-129 is approved, you can kick off your visa application by doing the DS-160 form at your home country’s consulate or embassy. You will need to pay the fees and hand in the right documents.
While you are doing the DS-160, you will be asked about your personal info, background, and why you want to come to the US. After you are done with the DS-160, you have to save the confirmation page and the code from it in your files.
- Get ready for the interview.
If you are between 14 and 79 years old, and you are applying for a non-immigrant visa, you must set up an interview with a visa officer at the US embassy. You need to book your interview.
Since the US embassy you are applying to is super busy, it is a good idea to book your interview as soon as you can to avoid long lines. After you book your interview, you will get a letter saying your interview is confirmed. Take that letter with you to your interview.
Get all the documents you need to back up your application ready. Make sure you have everything you need and show up on time. Your interviewer will ask you a bunch of questions about your past, what you plan to do in the US, and why you are coming here. You must give them all the info they need to show that you have a job and money in the US.
How long does the R-1 visa take to process?
Getting your R-1 visa in the US can take some time. Once your sponsor sends in the application, USCIS might take up to 6 months to get back to you. This could be because they need to check out the organization you are working for.
If USCIS has already checked out your organization and said it is good to go, you can ask for them to speed things up by paying a bit extra for premium processing. With this, you will get a notification on the status of your application in about 2 weeks.
If you don’t go for premium processing, after USCIS gives the approval to your petition, it could take another 2 to 3 months to get your visa sorted. Without that extra step, getting your R-1 visa could drag on for as long as 8 to 9 months.
Get help?
If you have any questions about US immigration laws and visas, we are here to help. Reach out to our team at Gehi and Associates for the proper guidance you need.
Our goal is to make sure you are getting the latest and most accurate info to help you deal with your immigration journey in a way that is smooth and stress-free way.
Our team of immigration lawyers in New York at Gehi and Associates has been helping people work and live in the US for years.
FAQs on immigration lawyer in Elmhurst:
- What is a US religious worker visa?
A US religious worker visa, such as the R-1, allows foreign-born nationals who are religious professionals or religious workers to work and live in the United States temporarily
- Does an immigration lawyer in Elmhurst prepare applications for religious worker visas?
Yes, immigration lawyers in Elmhurst do prepare religious worker visa petitions, explain qualifications, and represent clients on religious visas under US immigration.
- Who is considered a religious worker?
A religious worker can be a priest, minister, monk, nun, pastor, or missionary, or hold a valid religious vocation or calling with a non-profit religious organization.
- What are the religious worker visas?
The most used is the R-1 visa to temporarily remain. The EB-4 visa is for religious immigrant workers of special status to permanently remain.
- How long can one remain in the United States on an R-1 visa?
The R-1 visa is for a maximum period of 30 months, which can be extended to a maximum of five years.
- Why must I hire the services of an immigration lawyer in Texas?
They are locally based immigration lawyers in Texas who know the multi-cultural community of Texas and are experienced in preparing religious visa petitions for churches, temples, mosques, and other faith organizations.
- What are some of the most common documents that might be submitted for an R-1 visa application?
General documents consist of evidence of employment by a qualifying religious non-profit organization, IRS letters of tax-exempt status, documentation of financial support, and documentation of religious commitments.
- Can religious workers ever apply for American citizenship?
Yes. After converting to permanent residence (EB-4) from the R-1, they then qualify to apply to naturalize after achieving residency and other requirements.
- How long does the religious worker visa take to process?
Processing time is not defined, but an R-1 petition normally takes several months. An experienced immigration lawyer in New York can avoid delays due to errors
- Do immigration lawyers in New York handle appeals of denied cases?
Yes. They can submit motions, new petitions, or appeals upon religious worker visa denial and advise on the next step to pursue.
