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  American Immigration
  Lawyers Association
  (AILA)

Religious Worker Visa (R1)

Overview

The "R" visa is for aliens proceeding to the United States to work in a religious capacity. They include ministers of religion who are authorized to conduct religious worship and perform other duties usually performed by members of the clergy such as administering the sacraments, or their equivalent.

Period of Stay

Religious workers are initially granted a three-year period of stay which may be extended to another two (2) years. But the total stay is limited to five (5) years.

Eligibility Requirements

* The applicant must be a member of a religious organization having a bona fide nonprofit religious organization in the U.S for two years immediately preceding admission;
* The applicant must be entering the United States to work in a religious vocation or occupation for a religious organization or its affiliate;
* The applicant must be entering the United States solely to carry on the vocation of a minister of that religious organization, or, at the request of the organization

Premium Processing

The BCIS offers an expedited 14-day service for an additional fee of $1,000.00. Regular processing currently takes about 12-14 weeks. The advantage of Premium Processing is speed. The disadvantage is that in order to expedite a case within the 14-day deadline, the BCIS does not have adequate time to request additional information to clarify any ambiguities in the petition. Therefore a denial is far more frequent in Premium Processing cases than with Regular Processing. We will provide you with a legal opinion as to the merits of Premium Processing in your particular case.

Family Members

With the exception of "Q-1 Cultural Exchange Visitors," the spouse and unmarried, minor children of an applicant under any of the above classifications may also be classified as nonimmigrants in order to accompany or join the principal applicant. A person who has received a visa as the spouse or child of a temporary worker may not accept employment in the United States. The principal applicant must be able to show that he or she will be able to support his or her family in the United States.