Experienced R-1 Religious Worker Visa Attorneys

Before you apply for an R-1, there are three general eligibility rules that applicants must meet:

• Work Requirement: The applicant will work at least 20 hours per week.
• Religious Experience: They’ve been a member of that denomination for at least two years.
• Qualifying Organization: They work for a non-profit U.S. religious organization, a non-profit organization affiliated with a U.S. religious denomination, or a religious organization allowed to use another group’s tax exemption.

If your beneficiary meets those requirements, the next step is to start completing the required documents.

How to Complete the R-1 Application Process

Here’s a breakdown of the steps involved in the R-1 application process.

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Fill Out Form I-129 (Petition for a Nonimmigrant Worker)

Form I-129 requires the sponsoring employer/religious organization to fill out:

• Religious organization’s name and address
• Contact information
• Federal Employer Identification Number (FEIN)
• Designation as a non-profit
• Requested classification
• New employment or new concurrent employment
• Nonimmigrant worker’s name, date of birth, alien registration number, country and province of birth, and country of citizenship
• Nonimmigrant worker’s foreign address
• Number of petitions being filed
• Whether dependent petitions are being filed
• Job title and work location
• Type of organization
• Current number of employees in the U.S.
• Gross and net annual income

Once all questions are answered and information is completed, move down to the R-1 Classification Supplement Form I-129.

R-1 Classification Supplement Form I-129

Complete the information for the petitioner (organization) and beneficiary (religious worker).

The application must be signed. Electronic signatures are not accepted. Before you submit the application, you have to provide the following evidence:

• A valid determination letter from the IRS proving it’s a tax-exempt organization or that your group is tax-exempt
• Paperwork specifying the purpose of your organization
• Brochures, books, flyers, and other documents that show the religious goals and activities of your organization
• A Religious Denomination Certificate
• Proof that the beneficiary is qualified to perform the required duties

Once the application is submitted, you may receive a Request for Evidence.

Request for Evidence

Working with an immigration attorney is the best way to avoid these letters. If you do get one, it details what information is required. Submit it on a timely basis.

DS-160

Once the religious organization’s Form I-129 is approved, the religious worker has to complete Form DS-160. It’s an online application submitted through the Department of State’s website. While filling it out, the religious worker needs information from:

• A resume
• A valid passport
• Dates of the last five trips to the U.S.
• Family information, if family comes, too
• Travel itinerary, if applicable

After completing the form, the applicant has to save the barcode on the confirmation page. An interview at the nearest U.S. embassy is scheduled, and that barcode is necessary for that interview.

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Frequently Asked Questions

Can my family members accompany me?

Yes. The R-1 visa worker’s spouse and children under the age of 21 are eligible for the R-2 classification that allows them to come to the U.S. with their spouse/parent. R-2 visa holders are not allowed to work while they’re here.

Can R-1 visa workers be compensated through self-support?

Yes. You must provide proof that the visa holder has been accepted into a missionary program in the U.S. You must also share copies of bank account records, budgets, and any donations received.

The sponsoring organization must provide:

• Details regarding the religious duties and responsibilities tied to the uncompensated missionary work
• Documentation showing that the missionary was accepted into the program
• Evidence that room and board is provided
• Paperwork proving that the program is both in the U.S. and abroad
• Previous records of compensation for similar religious organization sponsorships
• Proof they have an established program for missionary work

How long does it take to receive an R-1 visa?

It can take several months to get the R-1 visa, even with an application that’s completed correctly. If you need expedited processing, Form I-907 shortens the wait to 15 calendar days.

How long does this type of visa last?

R-1 nonimmigrant religious worker visas allow a maximum stay of five years. After five years, they must leave the U.S. and reapply.

What could trigger an unannounced USCIS site visit?

At any time before or after a final decision, USCIS may conduct a surprise site visit. If they arrive before the R-1 visa application is approved, approval depends on completing this inspection.

Usually, it entails verifying:

• Addresses
• Compensation packages
• Work duties
• Work hours

Inspections completed after approval often address non-compliance or significant changes since the last application.

Either way, these inspections are legally required per 8 CFR 214.2(r)(16).

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Ready to Bring Key Religious Talent to Your Ministry?

Even a small mistake on an R-1 visa application can delay it or even lead to denial. With so many required documents and steps, it’s best to work with an experienced immigration law attorney.

WA Law Group specializes in nonimmigrant worker visas and helps you complete the application correctly. With our help, your nonimmigrant minister or religious worker can obtain the visa needed to come to the U.S. and legally support your religious organization.

Schedule a consultation. Call 301-881-8422.