How to apply for R-1 Visa: A Brief Discussion on Eligibility Criteria and Requirements

If you are a religious worker and you are looking to come to work in the United States, the visa that you are looking for is the R-1 visa. R-1 is a nonimmigrant visa for noncitizens who seek to temporarily work in the United States in a religious occupation. In order to be eligible for a R-1 visa, you have to be employed by one of the following:

1. Non-profit religious organization in the United States;
2. Religious organization that is authorized by a group tax exemption holder to use its group tax exemption; or
3. Non-profit organization which is affiliated with a religious denomination in the United States.

Also, three types of religious workers can receive an R-1 visa, given that they fulfill the other requirements. These categories are,

1. Minister of the denomination of the US based employer
2. Those who are in a religious vocation (nuns, monks, priests etc.)
3. Those who are in a religious occupation (those who perform day-to-day works at a religious organization, such as missionaries, religious instructors etc.)

Since the R-1 visa is for nonprofit religious organization employees, in order to be eligible, both the employer and the employee has to pass some eligibility criteria.

Eligibility Criteria

The eligibility criteria for the employee are that, they have to have at least,

1. 2 years of continuous membership in any US based religious organization immediately preceding the petition and
2. 2 years of experience in any religious organization  immediately preceding the petition after they have turned 14 years old

The employee must also be coming to the US to work full time (at least 35 hours per week) at the organization as a religious worker. On the other hand, the eligibility criteria for the employer are that, they have to be,

1. A nonprofit religious organization, or
2. A part of a larger nonprofit religious denomination.

To prove this eligibility, both the employee and the employer have to provide some documents as evidence.

Processing

If you want to get an R-1 visa, at first your employer in the US would need to file Form I-129 to USCIS on behalf of you. Also, at the time of the petition, both the employer (petitioner) and you, the employee (beneficiary), will have to provide proof of your eligibility for the R-1 visa. If the USCIS finds that the documents you and your employer have provided satisfy its requirements, then you will be granted an R-1 status. After that, if you are outside the United States, you will need to obtain your Visa through a US consulate by submitting a DS-160 and scheduling an interview. The time it will take for you to receive the visa depends on a number of issues. 

How much time it takes to process an R-1 petition can vary. The R-1 petition approval includes an on-site inspection by the USCIS as one of its eligibility criteria. If this inspection has already been completed previously, the R-1 petition can qualify for premium processing, which is faster than regular processing. For regular processing, the R-1 visa can take up to 8-9 months to be approved by the USCIS. The fee of regular processing of I-129 form for R-1 visa application is $460, while the fee of premium processing of the same is $1500 at the moment (according to the USCIS website).

Required Documents

To prove that the employee really is a religious worker, and that the organization hiring that employee really is a nonprofit religious organization, the R-1 visa requires both the employee and the employer to provide a number of documents as evidence. These documents are,

For the employee beneficiary, given that the person is already in the US:

1. Proof of ordination, if applicable
2. Proof of membership in a religious organization
3. Educational certificate in relation to the position
4. Approval notices for status related application, if applicable
5. Identity documents
6. Documents of proof related to employment
7. Documents of proof related to financial status, if uncompensated and self-sponsored

For the employer, the required documents are:

1. Tax exemption documents
2. Documents of proof related to employee position and responsibilities
3. Proof of compensation or payment
4. Proof of the employer being a bona fide religious organization

Once these documents are presented, there is a significant chance that your R-1 visa application will be approved by the USCIS. However, since the R-1 visa is a nonimmigrant visa, the period of stay allowed under this visa is limited.

Period of Stay

USCIS grants R-1 status for an initial period of admission for up to 30 months and subsequent extensions for up to an additional 30 months. The total period you can stay in the US under the R-1 visa cannot be more than 60 months, or 5 years. As an R-1 nonimmigrant, you may be subject to removal if you violate the terms of your status, such as remaining in the United States longer than the period of your authorized stay. However, you can apply for a new nonimmigrant R-1 visa with a new 5 years period of stay once your previous R-1 visa expires. In order to be eligible for this, you will have to be physically present outside the US for the immediate previous year.

There are various government and nongovernment resources available online for providing a better insight into the R-1 visa process. The website of USCIS is one of these resources. However, if you are looking forward to getting an R-1 visa, it will be in your best interest to take help from an expert immigration attorney. Attorney Raju Mahajan & Associates has a wealth of expertise providing individuals with similar legal services, and our team of expert attorneys and paralegals can help you with guidance and legal help