Religious Worker Visas

What is an R Visa? 

An R visa is intended for certain authorized persons that will visit the United States for the purpose of working temporarily for an authorized religious organization. 

IMPORTANT NOTICE: In November 2008, U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security announced new regulations and policies regarding the issuance of R visas.  These new regulations and policies have substantially changed the previously existing procedures for obtaining an R visa. 

Brief Summary of Change in Procedure 

Under prior regulations regarding R visas for temporary religious workers, a visa applicant could apply for an R visa at a U.S. Embassy or Consulate without first obtaining a petition approved in the United States.  Under current regulations regarding R visas, the sponsoring religious organization in the United States must first file a Form I-129 (Petition for a Nonimmigrant Worker) with USCIS in the United States for all persons seeking an R-1.  Review more from the USCIS website. Self-petitions will not be accepted, and I-129 petitions cannot be filed abroad.  No U.S. Embassy or Consulate in the world is authorized to issue an R-1 visa to any person who is not the beneficiary of an I-129 petition approved by USCIS in the United States. 

United States law authorizing the non-minister special immigrant religious worker program expired on March 6, 2009.  Therefore, “R” non-immigrant visas cannot be issued to non-minister religious workers until further notice.  “R” non-immigrant visas may be issued to eligible ministers of religion and their accompanying or following to join spouses and children.  Derivative “R” non-immigrant visas may be issued to spouses and children following to join a non-minister religious worker who is already maintaining “R-1” status in the United States.

In order to be considered as a non-immigrant under the above classification, the applicant's prospective employer must file a Form I-129, Petition for Nonimmigrant Alien Worker, with the Department of Homeland Security (DHS), United States Citizenship and Immigration Services (USCIS). For more detailed information regarding the filing of Form I-129, as well as requirements, please refer to the USCIS Temporary Workers and Required Documentation-Temporary Workers webpages. Also refer to the USCIS Website Fact Sheet and Final Rule.

It is very important for prospective employers to file the petition as soon as possible (but not more than 6 months before the proposed employment will begin) to provide adequate time for petition and subsequent visa processing.

The petition, Form I-129, must be approved by DHS/USCIS before the prospective religious worker can apply for a visa at a U.S. Embassy or Consulate abroad. When the petition is approved, the employer or agent is sent a Notice of Action, Form I-797, which serves as the petition approval notification. Petition approval is verified through the Department of State's Petition Information Management Service (PIMS) at the visa applicant’s interview. Visa applicants must still bring the approved I-129 petition receipt number to the interview, so that petition approval can be verified. It should be noted that the approval of a petition shall not guarantee visa issuance to an applicant found to be ineligible under provisions of the Immigration and Nationality Act.

Applying for the Visa

Religious workers should generally apply at the U.S. Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to apply. There is no requirement that applicants for R visas have a residence abroad which they have no intention of abandoning, but they must intend to depart the United States at the end of their lawful status.

Required Documentation - please check How to Apply for a Nonimmigrant Visa.

To schedule the interview appointment, you will need the receipt number that is printed on the approved Form I-129 petition. NOTE: During your interview, the consular officer will use the receipt number to verify the Form I-129 petition approval. Therefore, Form I-797 is not used to verify petition approval for your visa interview. Consular officers may request whatever documentation is required, and the applicant must be prepared to present to the consular officer any or all of the following documentation to verify that the applicant and the religious organization qualify for the R status, including:

(1) Proof of tax-exempt status or eligibility for tax-exempt status and;

(2) A letter from an authorized official of the specific unit of the employing organization certifying:

     - That if the applicant's religious membership was maintained, in whole or in part, outside the United States, the foreign and United States religious organizations belong to the same religious denomination;

     - That, immediately prior to the application for the R visa, the alien has been a member of the religious denomination for the required two- year period;

• If the applicant is a minister, he or she is authorized to conduct religious worship for that denomination. The duties should be described in detail; or
• If the applicant is a religious professional, he or she has at least a baccalaureate degree or its equivalent, and that such a degree is required for entry into the religious profession; or
• If the applicant is to work in a nonprofessional vocation or occupation, he or she is qualified if the type of work to be done relates to a traditional religious function;
• The arrangements for remuneration, including the amount and source of salary, other types of compensation such as food and housing, and any other benefits to which a monetary value may be affixed, and a statement whether such remuneration shall be in exchange for services rendered;
• The name and location of the specific organizational unit of the religious denomination or affiliate for which the applicant will be providing services;
• If the alien is to work for an organization that is affiliated with a religious denomination, a description of the nature of the relationship between the two organizations;
• Evidence of the religious organization's assets and methods of operation; and
• The organization's papers of incorporation under applicable state law.

U.S. Port of Entry

Applicants should be aware that a visa does not guarantee entry into the United States. The U.S. Customs and Border Protection (USCBP) of the Department of Homeland Security has authority to deny admission. Also, the period for which the bearer of a religious worker visa is authorized to remain in the United States is determined by the USCBP, not the consular officer. At the port of entry, an USCBP official must authorize the traveler's admission to the U.S. At that time the CBP Form I-94, Record of Arrival-Departure, which notes the length of stay permitted, is validated. Those visitors who wish to stay beyond the time indicated on their Form I-94 must contact the U.S. Citizenship and Imigration Services (USCIS), to request Form I-539, Extension of Stay. The decision to grant or deny a request for extension of stay is made solely by the USCIS.

Family Members

A nonimmigrant religious worker's spouse and unmarried children under 21 years of age may be granted derivative status. They may study but may not accept employment in the United States.