R1 Visa Benefits

• Family Accompaniment: R1 visa holders can bring their spouse and children under R-2 status to accompany them in the United States. However, R-2 visa holders are not allowed to work in the U.S. Their primary purpose must be to accompany the R1 visa holder.

• Extended Stay: R1 visa holders can extend their stay in the United States for up to five years.

• Non-Professional Religious Work: Unlike some other visa categories, the R1 visa does not require a specific degree or professional qualification. Religious workers must perform traditional religious functions as part of their job.

• Dual Intent: The R1 visa is considered a dual intent visa, allowing applicants the option to pursue permanent residency (a green card) if they wish to do so.

R1 Visa Requirements

To be eligible for the R1 visa, applicants must meet certain requirements:

• Religious Denomination Membership: Applicants must be members of a religious denomination for at least two years before submitting their application. The religious denomination must be a bona fide nonprofit organization exempt from taxes under section 501(c)(3) of the Internal Revenue Code, with a determination letter from the IRS confirming their tax-exempt status.

• Religious Worker or Minister: Applicants must either be religious workers who work at least part-time (averaging 20 hours per week) in traditional religious functions or be ministers with full authority granted by a religious denomination. Ministers must conduct religious worship and perform other clerical duties.

• Petition Required: The R1 visa is not a self-petitioning visa. Applicants need an employer or organization to submit a Form I-129, Petition for Nonimmigrant Worker, on their behalf.

• Multiple Employers: R1 visa holders can work for multiple qualifying employers, but each employer must submit a separate petition to USCIS.

The R1 Visa process typically involves the following steps:

1. The U.S. employer submits Form I-129, Petition for Nonimmigrant Worker, to USCIS.

2. Evidence supporting the petition may include a letter of support, job description, IRS determination letter, proof of compensation, and documentation confirming the religious nature and purpose of the organization.

3. USCIS reviews the petition and provides an I-129 approval.

4. Applicants can then apply for an R1 visa at a U.S. Embassy or Consulate.

5. The consulate or embassy determines eligibility for the R1 visa, but Customs and Border Patrol retains ultimate authority for entry into the United States.

R1 Duration of Stay

R1 visa holders can apply for extensions of status or readmission under R1 status for up to 30 months, with a maximum stay of five years. After spending the full five years in the U.S., R1 workers must spend one year outside the country before being eligible to return.

Exceptions apply to R1 holders who did not continuously reside in the United States, commuted to the U.S. from abroad, or engaged in seasonal or intermittent work for less than six months per year. Documentation such as arrival-departure records, employment records abroad, and tax returns may be required to prove these conditions.