Temporary Religious Worker Visas, or R-1 Visas, are for nonimmigrants who wish to come to the United States temporarily to work as a minister or in a religious vocation or occupation. A tax-exempt non-profit religious organization or a non-profit with a religious denomination may file a petition to sponsor a qualified individual. To qualify for an R-1 Visa, the nonimmigrant must have been a member of the same religious denomination as the petitioner for at least two years prior to the petition. Once in the U.S., the nonimmigrant must work as a minister or in a religious vocation/occupation. The beneficiary or nonimmigrant must work at least twenty hours per week for the sponsoring petitioner. An R-1 status holder may not work in any other capacity not approved by the Department of Homeland Security petition while in the U.S.

An R-1 Visa is generally granted for a thirty-month stay with subsequent extensions of additional thirty-month periods but the total stay in the U.S. cannot exceed five years. Spouses and unmarried children under twenty-one years old may be granted R-2 Visas but may not accept employment while in the U.S. under this status.

Who qualifies for an R-1 Visa?

A nonimmigrant must enter the U.S. solely as a minister or to perform a religious vocation or occupation. USCIS defines a minister as someone the religious denomination has authorized and fully trained to conduct religious worship and perform other duties usually performed by authorized members of the clergy of that denomination. For example, administering sacraments (religious rituals or ceremonies) such as baptism or Eucharists. A minister is not a lay preacher (not ordained), or someone not authorized to perform such duties. There must be a rational connection between the activities performed and the religious calling of a minister. A minister must work solely as a minister but USCIS allows ministers to perform incidental administrative duties as needed in the course of their religious work. Examples of ministers under the R1 visa petition can include priests, pastors, rabbis, deacons, Buddhist monks, imam…etc.

On the other hand, a religious vocation is considered a formal, lifetime commitment through vows, investitures, ceremonies, or similar indicia, to a religious way of life. Examples of a religious vocation may include, but are not limited to, nuns, monks, and religious brothers, and sisters. For vocation-based R-1, the emphasis is on the nonimmigrant’s status within the religious organization, rather than what the beneficiary will do while employed in the U.S. Someone who has taken vows and made a lifelong commitment to religion may engage in any type of activity within their religious vocations, denomination, or its affiliate. Those who qualify for an R-1 visa based on religious vocation may engage in activities related to traditional religious functions regardless of the nature of the activity.

Lastly, an R-1 temporary religious worker visa based on a religious occupation is less well-defined. USCIS notes the nonimmigrant’s duties must primarily relate to a traditional religious function and be recognized as a religious occupation within the denomination. Duties must primarily relate to, or clearly involve, inculcating or carrying out the religious creed and beliefs of the denomination and may not be primarily administrative or supportive. Examples of persons in religious occupations include, but are not limited to religious instructors, religious counselors, cantors, catechists, missionaries, religious translators, or religious broadcasters. Clerical workers, janitors, maintenance workers, fundraisers, or similar positions would not meet the standard of a religious occupation, but performing such incidental duties related to the religious function is permissible. Those training for religious work or engaged in mainly religious study would not qualify for an R-1 Visa, but those who do qualify for the visa may pursue study or training incidental to their status.

Who does not qualify for R-1 status?

Typically, choir members, singers, clerical workers, administrative or maintenance positions, and fundraisers would not qualify for an R-1 visa. While the religious organization may find these positions invaluable to their operation, they would not qualify for an R-1 temporary religious worker visa. A layperson must establish their activities related to a traditional religious function. Meaning, the performance of the activity constitutes the “practice” of that religion, and their activity relates primarily to, or exclusively to matters of the spirit as they apply to religion. Simply working in a religious facility would not qualify a layperson for R-1 classification.

Conclusion

In short, ministers, or those with a religious vocation or occupation who work at least twenty hours per week for a qualifying petitioner who intends to work strictly in their religious position would qualify for an R-1 Visa. Laypeople in support positions who are not performing activities that constitute the practice of the denomination’s religion would not qualify for R-1 status. If your organization is looking to sponsor a minister, clergyperson, or religious worker, reach out to our attorney at ILBSG to discuss their qualifications for an R-1 Visa. We put our extensive experience and expertise to work for you to ensure you get the right advice.

R-1 visa Religious Worker Visa