Religious Workers

A Religious Worker, or R-1, is an alien whom for at least the two (2) years immediately preceding the time of application for admission has been a member of a religious denomination having a bona fide nonprofit religious organization in the United States.� To qualify, an organization must be a non-profit religious organization granted (or eligible for) tax exempt status, and must demonstrate that it can and will provide for all of the R-1 beneficiary�s financial and physical needs.

To qualify for an R-1 visa, the nonimmigrant must be:

• A minister;
• An individual who works in a professional capacity for a religious occupation.� Professional capacity means an occupation which requires the minimum of a baccalaureate degree fro entry into the occupation; OR
• A person who will work for the organization, or a bona fide organization which 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.
• A religious vocation is a calling to religious life evidenced by the demonstration of commitment practiced in the religious denomination, such as the taking of vows. 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.� If the person is in the United States, then an I-129 petition must be filed.

R-1 nonimmigrants may be admitted temporarily to the United States to carry on the activities of a religious worker for a period not to exceed five (5) years.

Spouses and unmarried children under twenty-one (21) of R-1 nonimmigrants are entitled to R-2 status.� R-2 nonimmigrants are not eligible for work authorization.