R-1: Religious Workers (Temporary)

The Woog Law Office handles religious worker cases for churches, synagogues, religious schools, and regional religious organizations.

To qualify for the R-1, the alien must have been a member for two years of a religious denomination acquiring a bona fide nonprofit religious organization in the United States. The organization must have or qualify for tax exempt status. The financial arrangements must be such that the beneficiary will not be required to take on nonreligious work while in the United States. To qualify for a R-1 visa, the nonimmigrant must be:

• A minister
• An individual who works in a professional capacity for a religious occupation, OR
• A person who will work for the organization or a bona fide organization that is affiliated with the religious denomination, at the request of the organization in a religious vocation or occupation.
  • A religious occupation is one that relates to the traditional religious function of the organization. Examples of persons 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, missionaries, religious translators, or religious broadcasters. This group does not include janitors, maintenance workers, clerks, fundraisers, or persons involved solely in the solicitation of donations.
  • Examples of persons with a religious vocation include, but are not limited to, nuns, monks, and religious brothers and sisters.

If the R-1 applicant is outside of the U.S., the R-1 visa may be applied for directly at a U.S. Consulate without prior USCIS approval, although this may change. If the person is in the United States, then an I-129 petition must be filed. The period of initial admission is usually two-three years; in total, R-1 status cannot exceed five years.

R-2 nonimmigrant dependents are not eligible for work authorization.