R-1 Religious Visa Lawyer, Boston MA

Eligibility

To qualify as a religious worker, a foreign national must be coming to the United States temporarily to be employed at least part-time (average of at least twenty hours per week) by a bona fide nonprofit religious organization in the United States (or a bona fide organization that is affiliated with the religious denomination in the United States) to work as a minister or other religious worker.

Required Documents

R-1 visa petitions must be filed with:

1. A currently valid determination letter from the IRS regarding the employing organization’s tax-exempt status;
2. Employer Attestation, which is part of the R-1 Classification Supplement to Form I-129;
3. Verifiable evidence of how the employer intends to compensate the beneficiary, including salaried or non-salaried compensation;
4. Evidence that the foreign worker has been a member in the religious denomination during at least the two years immediately preceding the filing of the petition; and
5. Evidence to establish the foreign worker is qualified to perform the duties of the offered position.

If the employer is seeking to fill a minister position, the foreign worker must provide a certificate of ordination as well as evidence that they meet the qualifications as a minister in the religious denomination.

R-1 visa petitions may be rejected or denied for failure to submit required evidence or supporting documents. All required evidence should be submitted with the initial petition.

Petition Process

Religious organization files Form I-129, with attestation, along with:

1. A currently valid determination letter from the IRS regarding the employing organization’s tax-exempt status;
2. Employer Attestation, which is part of the R-1 Classification Supplement to Form I-129;
3. Verifiable evidence of how the employer intends to compensate the beneficiary, including salaried or non-salaried compensation;
4. Evidence that the foreign worker has been a member in the religious denomination during at least the two years immediately preceding the filing of the petition; and
5. Evidence to establish the foreign worker is qualified to perform the duties of the offered position.

If the employer is seeking to fill a minister position, the foreign worker must provide a certificate of ordination as well as evidence that they meet the qualifications as a minister in the religious denomination.

Costs

Costs of R-1 religious worker visas vary depending on a variety of circumstances.

R-1 religious worker visa costs generally include

1. $460 – Form I-129 Filing Fee;
2. $1,500 – Form I-907 Premium Processing Fee; and/or
3. $190 – Form DS-160, Online Nonimmigrant Visa Application Fee.

Processing Time

R-1 visas are processed at varying speeds depending on a variety of circumstances. Visit the USCIS Processing Times website for the most up-to-date information:

Form: I-129 | Petition for Nonimmigrant Worker

Field Office or Service Center: California Service Center

Click “Get Processing Time”

Click “+ Read All Lines”

Form Type: R – Religious occupation

Premium Processing

Premium processing is available for R-1 visa petitions. However, premium process service is available only for petitioning employers who have previously completed a successful on-site inspection. See USCIS website for details.

Validity Period

R-1 petitions may be approved for a maximum initial stay of thirty months. The maximum period of stay in the United States in R-1 status is five years.

Time spent outside of the United States during the five-year period does not country toward the five-year maximum and can be added back/recaptured.

Extensions

R-1 status may be extended in increments of thirty months up to five years. The maximum period of stay in the United States in R-1 status is five years.

R-1 religious workers who remain in the United States longer than authorized may be barred from returning and/or may be removed (deported) from the United States.

Family Members

Spouses and children accompanying R-1 ministers or religious workers are eligible for admission in R-2 status for the same validity period as the R-1 religious worker.

R-2 dependents may not apply for work authorization. R-2 dependents cannot accept employment.

On-Site Inspections

The U.S. Citizenship and Immigration Services Fraud Detection and National Security directorate conducts on-site investigations of R-1 visa petitions to determine if the petition is fraudulent or in technical violation of the regulations.

Last Reviewed/Updated: 09/08/2021