An R-1 visa is issued to individuals who want to travel for the purpose of religious employment in the US for a period of a maximum of 5 years. Work must be done at an organization that is registered as a US non-profit organization or religious organization.
Yet, this type of visa is not intended for all religious workers, but only those who are directly tied to religious work and those that are ministers – are qualified for R1 Visa. The rest of the crew (support personnel, administrative staff) would have to apply for another type of visa.
Once a visa is granted, people may live and work in the US for the time the visa is valid. Moreover, bank accounts can be opened with an R1 visa, and a driver’s licence may be obtained.
What’s unusual about this visa is that it permits the applicant to take advantage of the studying opportunities (part-time and full-time) – which is really rare for other types of US visas. With an R1 visa, you do not have to stay in the US for the whole validity of the visa, people may travel to work in other countries as well.
R1 Visa Requirements
Like with any other visa, there are requirements that need to be fulfilled for the visa to be granted. Additionally, due to many types of religions, there are different requirements both for applicants and organizations that hire religious workers. Requirements for R1 applicants are as follows:
- must be a member of religion for the past two years
- religion must have its non-profit organization in America
- applicant must find a job in a non-profit religious organization
- applicant must be a minister or individual who works in a religious occupation
- applicant must work for at least 20 hours a week
- applicant must not work for other positions, just their religious capacity
For a non-profit organization, an organization must be registered in the US as one of the following:
- a non-profit religious organization with group tax exemption
- non-profit organization affiliated with a religion that has tax exemptions under 501 c (3) rules
- a non-profit organization with its own Internal Revenue Service letter of 501(c)(3) or other IRS rules that define religious organization
When both the applicant and the organization complete all the requirements, the application process may be started.
Note: due to so many religions, it is essential that a religious group is formed by a community that is governed by regulations of ecclesiastical government. The religious group must have the following characteristics: worship the same god, have shared faith and place of worship, perform rituals, ceremonies and services and have shared rules and code of discipline.
Application Process for the R-1 Visa
When applying for an R-1 visa, the applicant is not able to start the application stage until the employer files a petition to US Citizenship and Immigration Services so the employee (R1 applicant) is permitted to work in the US.
- Filing the Petition
The petition may be filled using the I-129 form (petition for nonimmigrant workers). The fee for such a petition is $460 which is covered by the organization/employer. Along with the petition, the following documents must be also attached: organizations letter from IRS confirming they are tax-exempt.
If the organization has evidence of religious affiliation but not defined as a religious organization then the following must be shown: letter from IRS confirming tax exemption, evidence of religious affiliation, evidence of religious purpose etc, along with a proof confirming that religious workers get paid/rewarded.
- Fill in Form DS-160
The form can be found online and must be filled out with personal details and a detailed purpose of the trip. Once the form is submitted, the confirmation page will come up with a code that needs to be saved for further purposes of the application.
- Pay Visa Fee
The next step is payment for R-1 Visa which is $190. Issuance fee may also apply, this depends on where the applicant is during the application stage. A receipt must be kept as evidence and attached to the document file.
- Schedule Visa Interview & Prepare Document File
Between the age of 14-79, all visa applicants must attend a visa interview. When the interview is scheduled, a confirmation letter will be sent to your home address. It is essential that a confirmation letter is brought with the applicant on the day of the interview.
Along with that, a complete document file must be established, which include a valid passport, Ds-160 confirmation page, Visa photo, receipts confirming visa fee, an I-797 form that confirms approved petition, confirmation of eligibility for R-1, contract with US employer, evidence of qualification for the religious position, and proof of sponsorship.
US visa photo must measure 51×51 mm (2×2 inch), have a plain white background and be in color.
- Attend an Interview
Gather all documents and prepare a detailed trip plan which will be presented at the interview.
Processing & Validity Time of R1 Visa
Processing time for an R-1 Visa is roughly 9 months:
- 6 months for USCIS to respond to the petition
- 3 months for the actual visa process
Premium processing is available for an additional $1,225 which will speed up the process up to two weeks. The standard validity of the R-1 visa is 30 months. The extension is possible for an additional 30 months.
Can I Get a Green Card with an R-1 Visa?
With R-1 Visa permanent residency is available. This can be done by the usual route – marriage, staying with family (who are US citizens) or changing status to dual visa (such as H-1B). An unusual route is when an applicant applies for an EB-4 Green card – which is intended for religious workers only.
