Page History

A prospective or existing U.S. employer must file Form I-129, Petition for a Nonimmigrant Worker, on behalf of a noncitizen seeking to enter the United States as a nonimmigrant minister or a religious worker in a religious vocation or occupation.

If a petitioner believes that one of the eligibility requirements substantially burdens the organization’s exercise of religion, they may seek an exemption under the Religious Freedom Restoration Act (RFRA). A written request for the exemption should accompany the initial filing, and it must explain how the provision:

• Requires participation in an activity prohibited by a sincerely held religious belief; or
• Prevents participation in conduct motivated by a sincerely held religious belief

The petitioner bears the burden of showing that it qualifies for an RFRA exemption and must support the request with relevant documentation. Exemption requests on a case-by-case basis.

The petitioner must include evidence of eligibility for the classification sought. The petitioning organization and the religious worker must satisfy certain requirements, summarized below.

Proof of Tax-Exempt Status

The petitioner must provide a currently valid determination letter from the IRS showing that the organization is tax-exempt. The IRS determination letter must be valid and cover the petitioning organization at the time the religious organization files Form I-129. A valid determination letter may include a letter that the IRS issued before the effective date of the Internal Revenue Code of 1986 or may be issued under subsequent Internal Revenue Code revisions.

If the organization is recognized as tax-exempt under a group tax exemption, the petitioner must provide a currently valid IRS group tax-exemption determination letter and documentation that the organization is covered under the group tax exemption. Examples include:

• Letter from the parent organization authorizing the petitioner to use its group tax exemption
• Directory for that organization listing the petitioner as a member of the group
• Membership listing on the parent organization’s website that confirms coverage under its exemption
• Letter from the IRS confirming the coverage.

If the IRS determination letter does not identify the organization’s tax exemption as a religious organization, the petitioner must submit evidence establishing the organization’s religious nature and purpose. This may include, but is not limited to, the entity’s articles of incorporation or bylaws, flyers, articles, brochures, or other literature that describes the religious purpose and nature of the organization.

If the organization is affiliated with the religious denomination, the petitioner must provide:

• A currently valid determination letter from the IRS showing that the organization is tax-exempt
• Documentation that establishes the religious nature and purpose of the organization, including, but not limited to:
  • A copy of the organizing instrument of the organization that specifies the purposes of the organization
  • Organizational literature describing the religious purpose and nature of the activities of the organization
• A religious denomination certification, included as part of Form I-129, Supplement R, states that the petitioning organization is affiliated with the religious denomination. The religious denomination certification should be signed by an organization other than the petitioning organization and attest that the petitioning organization is part of the same religious denomination as the attesting organization.

Proof of Salaried or Non-Salaried Compensation or Self-Support

The petitioner must submit verifiable evidence showing how it intends to compensate the religious worker, including specific monetary or in-kind compensation, or how the R-1 nonimmigrant will self-support as part of an established missionary program. Evidence of how the petitioner intends to provide salaried or non-salaried compensation may include:

• Past evidence of compensation for similar positions
• Budgets showing monies set aside for salaries or leases
• Evidence that the prospective employer will provide room and board to the religious worker
• W-2 forms or certified tax returns.

If IRS documents are unavailable, the petitioner must explain why and provide comparable, verifiable documentation.

Self-support means that the position the beneficiary will hold is part of an established program for temporary, uncompensated missionary work and part of a broader international program of missionary work the denomination sponsors. If the beneficiary will be self-supporting, the petitioner must provide:

• Evidence demonstrating that the petitioner has an established program for temporary, uncompensated missionary work
• Evidence demonstrating that the denomination maintains missionary programs both in the United States and abroad
• Evidence of the beneficiary’s acceptance into the missionary program
• Evidence demonstrating the religious duties and responsibilities associated with the traditionally uncompensated missionary work
• Copies of the beneficiary’s bank records, budgets documenting the sources of self-support (including personal or family savings, room and board with host families in the United States, or donations from the denomination’s churches), or other verifiable evidence acceptable to USCIS.

Proof of Denominational Membership and Evidence Regarding the Prospective Position

The petitioner must submit:

• Evidence that the religious worker is a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least two years immediately before filing Form I-129
• Evidence to establish that the religious worker is qualified to perform the duties of the offered position. If the religious worker will work as a minister, the petitioner must provide:
  • A copy of the religious worker’s certificate of ordination or similar documents
  • Documents showing the religious denomination accepted the religious worker’s qualification as a minister and evidence that they completed any course of prescribed theological education at an accredited theological institution normally required or recognized by that religious denomination. Include transcripts, curriculum, and documentation that establishes that the theological institution is accredited by the denomination.

If the denomination does not require a prescribed theological education, the petitioner must provide:

• The religious denomination’s requirements for ordination to minister
• A list of duties performed by virtue of ordination
• The denomination’s levels of ordination, if any
• Evidence the religious worker completed the denomination’s requirements for ordination

Please remember to provide a duplicate copy of the Form I-129 and all supporting documents. Failure to submit duplicate copies may result in a delay in the issuance of a nonimmigrant visa abroad from the U.S. Department of State.

Hiring Date

A hire date should be determined (keeping MTD in mind) before submitting the R-1 Visa petition.

Religious Occupation & Job Description

The occupation and Reliant job description from the partner ministry should average at least 20 hours per week and include all religious duties that will be performed. 

Offer Letter

The offer letter from Reliant will be included with the R-1 Visa petition.

Salary Guidelines