Welcome to Solomon!

Enter the Access Code below

Access code is invalid

Solomon Logo

Versions Compared

Old Version 1

changes.mady.by.user Kristina Lilly

Saved on

compared with

New Version 2

changes.mady.by.user Kristina Lilly

Saved on

Key

  • This line was added.
  • This line was removed.
  • Formatting was changed.

...

UI Expand
titleGeneral Eligibility

An R-1 nonimmigrant is a noncitizen who is coming to the United States temporarily to work at least part-time (an average of at least 20 hours per week) as a minister or in a religious vocation or occupation and be employed by one of the following:

  • A non-profit religious organization in the United States
  • A religious organization that a group tax exemption holder authorized to use its group tax exemption
  • A non-profit organization that is affiliated with a religious denomination in the United States

To qualify, you must have been 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 the petition.

You can read more about the R-1 Visa process on the U.S. Citizenship & Immigration Services Website or Travel.State.Gov.


UI Expand
titlePetition Process Employment Details & Evidentiary Requirements

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.

UI Expand
titlePost-Petition Approval

After we approve your petition, the consular post determines whether you are eligible to receive the R-1 nonimmigrant visa. As with all individuals who appear at ports of entry, U.S. Customs and Border Protection (CBP) determines whether the beneficiary may be admitted to the United States. Visa-exempt workers must present the original Form I-797, Notice of Action, at a port of entry, as evidence of an approved Form I-129. 

UI Expand
titlePeriod of Stay

We may grant R-1 status for an initial period of admission for up to 30 months and subsequent extensions for up to an additional 30 months. Your total period of stay in the United States in the R-1 classification cannot exceed five years (60 months). We only count time spent physically in the United States in valid R-1 status toward the maximum period of stay. 

If you obtain Form I-94, Arrival/Departure Record, from CBP with an initial period of admission beyond the regulatory maximum of 30 months, you should bring the error to the attention of a CBP officer at the port of entry that issued the Form I-94, or the Deferred Inspection Office of CBP. Do not use Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document, to request that we correct a CBP error on Form I-94. We cannot correct the Form I-94. Neither you nor the petitioner will be penalized for the error. However, the error may affect your future immigration benefits if you exceed the statutory maximum of five years. Please visit cbp.gov for information on correcting a Form I-94 issued by CBP.

If your Form I-94 lists an initial period of admission longer than 30 months and you need to stay beyond 30 months, you may request an extension of stay before the end of that 30-month period of admission.

Before applying for a new nonimmigrant R-1 visa (with a new five-year maximum stay), you must have been physically present outside the United States for the immediate previous year. These time limitations do not apply to religious workers who did not reside continuously in the United States and whose employment in the United States was seasonal, intermittent, or for a total of six months or less per year. The limitations also do not apply to religious workers who reside abroad and commute to the United States to work part-time.

Requirements

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 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

An offer letter from Reliant should be included with the R-1 Visa petition.

Salary Guidelines

The R-Visa applicant will need to be fully funded before obtaining their R-1 Visa. The minimum wage should meet the prevailing wage guideline in the location where the R-1 Visa applicant will be living and working.

UI Expand
titleDocuments & Details Reliant Needs for R-1 Visa Petition

Please provide your Program Team with the following details to begin the R-1 Visa Petition process:

  • Permanent Home Country Address
  • Current U.S. Home Address
  • Do you have any other Visa such as a J1/J1 Exchanged Visitor Visa? (if yes, provide a copy and include expiration dates)

Please provide your Program Team with the following documents to begin the R-1 Visa Petition process:

  • Resume
  • Job Description with the ministry focus area
  • Weekly work schedule & proposed weekly work hours
  • New Staff Training Certificate
  • Amount & type of compensation (including benefits)
  • Scanned copy of current passport, biographic information, and any US Visa pages
  • Scanned copy of birth certificate

Other documents needed (if applicable)

  • Scanned copy of any certificate of ordination
  • Scanned copy of any ministerial licenses
  • Scanned copy of any religious degrees and academic transcripts
  • Scanned copy of any certificate for religious training
  • Scanned copy of the U.S. Social Security Card (front & back)
  • Scanned copy of marriage certificate

Documents needed from the Partner Ministry

  • Name & location of ministry worksite
  • Number of church/ministry members or employees
  • Date the applicant started attending the church/ministry (2-year minimum relationship required)
  • Why the applicant's position is needed
  • Letter from church/ministry confirming applicant's church membership and any ministry involvement
UI Expand
titleR-1 Visa Petition Costs

R-1 Visa Consultation Fee with Attorney: $175

R-1 Visa Non-Refundable Application Fee: $530 

Expedited Premium Processing Fee: $1,685 + an extra $200 attorney fee (processes on average 15 business days instead of the estimated 2.5 months)

UI Expand
titleVisa Renewals

R-1 Visa holders must wait until 6 months before their R-Visa's expiration date to begin the renewal process. At that time, if the R-1 Visa holder worked full-time with consistent paid employment, Reliant may also pursue the I-360 religious worker green card sponsorship

UI Expand
titleDual Intent

Nonimmigrant religious workers must maintain the intent to depart the United States when their nonimmigrant stay expires. At the same time, we may not deny a nonimmigrant petition, application for initial admission, change of status, or extension of stay in R classification solely on the basis of a filed or approved permanent labor certification application or immigrant visa petition.

UI Expand
titleFamily of R-1 Visa Holders2 Visas for Spouse & Children

Your An R-1 religious worker’s spouse and unmarried children under the age of 21 may be eligible apply for R-2 classification. An R-2 dependent is not authorized to work based on this visa classification.

UI Expand
titleNotification of Termination of Employment

The petitioner must notify us within 14 days of any nonimmigrant religious worker’s employment change. For the religious worker to change employers, the new petitioner must file a new Form I-129, attestation, and supporting evidence.

Petitioners must also notify us of any R-1 employment terminations at one of the following addresses:

Email

cscr-1earlyterminationnotif@uscis.dhs.gov

Mail

U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
California Service Center
Attn: BCU Section Chief
P.O. Box 30050
Laguna Niguel, CA 92607-3004

UI Expand
titleChange of Location in Employment

A change in the location of employment may constitute a material change to the terms and conditions of employment as specified in the original approved R-1 petition. If there is a material change in the terms or conditions of employment (or the beneficiary’s eligibility), the petitioner may be required to file an amended petition and receive approval before the beneficiary moves to a new location of employment.

If you are anticipated to be moved between different locations within a larger organization, that organization should file the petition. For example, a minister may move from ministry to ministry within a denomination, including at a different or additional unit of the religious denomination, if the petitioning organization oversees all of these locations.

The petitioning organization can file an amended petition, with a fee, by checking Box F under Item 2 in Part 2 of Form I-129.visas to accompany or join you to reside temporarily. You must demonstrate that you will be able to financially support your family in the United States. They are permitted to study while in the United States but are not authorized to accept employment.