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SDP&A cares about our clients, community and the public during this unprecedented time of the COVID-19 pandemic. We are offering complimentary consultations with our experienced attorneys via phone, Skype, FaceTime and Zoom to anyone – individuals, businesses and organizations – with a situation and/or questions related to immigration and nationality law. We can advise or offer second opinions on family-based and employment based immigration options, employer compliance, maintenance of non-immigrant status and employment authorization, political asylum, removal defense, remedies through federal court litigation or other U.S. immigration matters. Please contact us 24/7 at (312) 444-1940 or consult@lawfirm1.com.

R1 Visas

How to Get an R-1 Visa

R-1 Visas: Temporary Religious Workers

R-1 visas are non-immigrant, temporary work visas for foreign nationals coming to the United States to be employed as religious workers. Ministers, priests, educators, translators, missionaries, and other religious workers may qualify for this type of visa.

The attorneys at Scott D. Pollock & Associates, P.C., have obtained R-1 visas for religious workers around the world. Our experienced Chicago immigration lawyers are prepared to help you navigate the non-immigrant visa process for temporary religious workers.

R-1 Visa Qualifications

U.S. Citizenship and Immigration Services (USCIS) has several requirements that foreign nationals and employers must meet to be eligible for an R-1 visa. Qualifications for individuals include the following:

  • Membership of a legitimate religious denomination with a bona fide non-profit religious organization in the U.S. for at least two years
  • A job offer to work in the U.S. for an affiliate of that same religious organization for at least 20 hours per week
  • Be coming solely as a clergy member or to perform a religious occupation

Organizations must fall into one of the following three categories to be eligible to file petitions for R-1 visas:

  • A non-profit religious organization in the U.S.
  • A religious organization authorized as a group tax exemption holder
  • A non-profit religious organization affiliated with a religious denomination in the U.S.

Our immigration lawyers can help you determine whether a foreign national or employer qualify for an R-1 visa.

How to Apply for an R-1 Visa

There are three parts to the R-1 visa application process: filing the petition, applying for a non-immigrant visa, and interviewing with the U.S. embassy or consulate.

1. File the Petition

To start the process, religious employers must fill out Form I-129: Petition for a Non-Immigrant Worker. This documentation costs $460, which must be paid by the employer, and requires proof of tax exemption.

In most cases, after receiving the petition, USCIS will conduct an on-site visit to confirm the relationship between the employer and religious denomination.

After the employer receives approval via Form I-797: Notice of Action, the foreign national can begin the application process.

2. Complete the Non-Immigrant Visa Application

All non-immigrant visa applicants must fill out Form DS-160: Non-Immigrant Visa Application. This form includes several questions regarding their background as well as the purpose of their visit to the U.S.

Submitting Form DS-160 costs $190. Additional fees may apply depending on the relationship between the U.S. and the foreign national’s home country.

3. Interview with the U.S. Embassy or Consulate

Foreign nationals between the ages of 14 and 79 who apply for a non-immigrant visa must interview with an official at the U.S. embassy or consulate in their home country or country of residence. Schedule this interview as soon as possible to avoid long wait times.

R-1 Visa FAQs

The Chicago immigration legal team at Scott D. Pollock & Associates, P.C. is here to answer any questions you have about R-1 visas.

How Does the U.S. Government Define Religion?

USCIS defines a religious denomination as a group of people governed by a type of ecclesiastical administrative body. Members of a religious denomination must also agree on at least one of the following criteria:

  • A recognized statement of faith or shared beliefs
  • A commonly held system of worship
  • A commonly held doctrine and code of discipline
  • Established places of worship and congregation
  • An agreed upon set of ceremonies and services
  • Another comparable indication of a religious denomination

Religious entities without a central governing or ecclesiastical administrative body may instead submit a description of their internal organizational structure to satisfy these requirements.

What Are Religious Occupations?

Religious occupations include positions with duties that primarily relate to a traditional religious function: members of the clergy and other religious workers.

Eligible religious occupations include but are not limited to the following:

  • Clergy: Ministers, priests, rabbis, salaried Buddhist monks, ordained deacons, etc.
  • Other religious workers: Liturgical workers, instructors, counselors, missionaries, translators, broadcasters, cantors, etc.

USCIS does not consider workers with primarily administrative or support positions to fall under the category of religious occupations. For example, the following positions do not qualify for an R-1 visa:

  • Maintenance workers
  • Janitors
  • Fundraisers
  • Students
  • Clerical employees

Volunteers are also not eligible for R-1 visas.

How Long Does It Take to Process an R-1 Visa?

The time it takes to process an R-1 visa varies widely based on several factors. If USCIS has already conducted an on-site inspection of the religious employer, the employer may qualify for premium processing, which significantly speeds up the process. If the religious employer is not eligible for premium processing, the process can take 8 or 9 months (6 months for USCIS to respond to the petition and 2 to 3 months for the visa to process).

How Long Does an R-1 Visa Last?

R-1 visas are initially granted for up to 30 months. However, extensions for up to a total of 60 months (5 years) are available.

Can I Apply for a Green Card as an R-1 Visa Holder?

Yes. R-1 visa holders can seek to become lawful permanent residents of the U.S. through methods such as adjustment of status, family sponsorship, or employment-based immigration visas for religious workers (EB-4 visas). You are eligible to apply for a green card after two years of R-1 visa status.

Contact an Experienced Immigration Attorney Today

At Scott D. Pollock & Associates, P.C., we provide individuals, families, and employers the legal representation they need to navigate the process of obtaining non-immigrant visas such as the R-1 visa.

Our attorneys have over seven decades of combined experience in U.S. immigration law. We’ve helped guide numerous clients through the complicated process of gaining temporary religious worker visas in the U.S.

For questions and/or to arrange a consultation with one of our attorneys contact us now

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