R-1 Temporary Nonimmigrant Religious Workers:

The R-1 Category is available for a foreign national who is coming to the United States temporarily to be employed at least part time – an average of at least 20 hours per week - by a non-profit religious organization in the United States - or an organization which is affiliated with the religious denomination in the United States - to work as a minister or in another religious vocation or occupation.

In recent years, the procedure for approval of this R-1 visa category have been substantially revised by the Immigration Service and approval now requires that a Petition be submitted approved by the Immigration Service (USCIS) prior to processing a visa (for entry) through the United State Embassy.  (In the past, applications for admission on R-1 could be filed directly at the U.S. Embassy overseas).  

The basic requirements for an R-1 Petition include:

1. The applicant must be a member of a religious denomination having a bona fide nonprofit religious organization in the U.S.;
2. The religious denomination and its affiliate, if applicable, are exempt from taxation, or the religious denomination qualifies for tax - exempt status;
3. The applicant has been a member of the denomination for two years immediately preceding admission;
4. The applicant is entering the United States solely to carry on the vocation of a minister of that denomination, or, at the request of the organization, the applicant is entering the United States to work in a religious vocation or occupation for the denomination or for an organization affiliated with the denomination, whether in a professional capacity or not; And
5. The applicant has resided and been physically present outside the United States for the immediate prior year if he or she has previously spent five years in this classification.

The approval period is now limited to 30 months for each Petition with a 30 month extension for up to 5 years of eligibility.    Approval of the Petition requires that a site visit occur by the Immigration Service (FDNS) to the sponsoring organizations location to verify the facts of the Petition.

The family (spouse and children under 21) of a R-1 Worker are also eligible for entry into the USA on R-2, but no work is authorized for the R-2 family.   Children on R-2 Status are eligible to attend school in the USA.

E-B4 Immigrant Religious Workers:

In addition to the Temporary Non-Immigrant R-1 Category, there is also a Permanent Residency Option for Religious Workers.

An immigrant religious worker falls into a special visa preference category (Employment Based – 4th Preference).

An immigrant religious worker is a foreign national who, for the past two years, has been a member of a religious denomination which has a bona fide, non-profit religious organization in the United States or foreign national who has been carrying on the vocation or professional work, continuously for the past two years, and who seeks to enter the United States solely to work in that profession.

Professional work may include:

1. Work as a minister of a denomination;
2. Work in a professional capacity in a religious vocation or occupation for that organization; or
3. Work in a religious vocation or occupation for the organization or its non-profit affiliate.

Approval of the Immigrant Petition requires that a site visit occur by the Immigration Service (FDNS) to the sponsoring organizations location to verify the facts of the Petition.

The family (spouse and children under 21) is also eligible to join the primary immigrant.