:: R-1 Visa An R-1 is a foreign national who is coming to the United States temporarily to be employed at least part time (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 a religious vocation or occupation. :: R-1 Visa Eligibility Requirements To qualify for R-1 Visa, the applicant must be one of the following: a minister, a person working in a professional capacity, either in a religious vocation or occupation, or other religious worker working in a religious occupation or in a religious vocation. The applicant must have been a member of a religious denomination having a bona fide, nonprofit, religious organization in the U.S. for at least two years immediately preceding the time of application. R-1 Visa does not require a prior employment with the organization; however, the applicant should be a member of denomination. A minister is someone who is authorized by a recognized religious denomination to conduct religious worship and to perform other duties generally performed by authorized members of the clergy. Professional capacity means an activity in a religious vocation or occupation for which a minimum of a B.A. or a foreign equivalent is required. Other work in a religious occupation or vocation covers occupations such as liturgical workers, religious instructors, or counselors. Office administrators or janitors are not included in the group of "other workers." Additionally, the occupations such as conductors and accompanists cannot be approved for R-1 without further explanation to the USCIS. A religious organization in the U.S. is defined as an (IRC 501(C)(3)) organization as it relates to religious organizations or one that never sought such exemption but can prove it would be eligible for it. Churches are generally considered religious organizations. :: Evidence The applicant must submit evidence that the organization is an (IRC 501(C)(3)) organization or qualifies for the status with a letter from an authorized official of the U.S. organization establishing that the applicant has been a member of the religious organization for a period of two years and that he/she qualifies as a minister, religious professional or religious vocation or occupation. The authorized official must also explain how the person will be only working in the religious capacity, how he/she will be remunerated, and the religious organization's ability to pay the salary. :: Period of Stay USCIS may grant R-1 status for an initial period of admission for up to 30 months. Subsequent extensions may be granted for up to an additional 30 months. The religious worker’s total period of stay in the United States in R-1 classification cannot exceed 5 years (60 months). USCIS counts only time spent physically in the United States in valid R-1 status toward the maximum period of stay. :: Family of R-1 Visa Holders An R-1 religious worker’s spouse and unmarried children under the age of 21 may be eligible for R-2 classification. An R-2 dependent is not authorized to accept employment based on this visa classification. |