Religious Worker

The Religious Worker Visa, specifically the R-1 visa, is a non-immigrant classification that enables qualified religious workers to enter the United States temporarily to engage in religious duties. This visa is essential for religious organizations seeking to employ foreign nationals in roles such as ministers, religious instructors, or other specialized religious positions.

Eligibility Criteria:

To qualify for the R-1 visa, both the applicant and the employing organization must meet specific requirements:

• Applicant Qualifications:
  • Must be a member of a religious denomination with a bona fide nonprofit religious organization in the U.S.
  • Must have been a member of the religious denomination for at least two years immediately preceding the application.
  • Must be coming to the U.S. to work in a religious capacity, such as a minister, religious counselor, or religious instructor.
• Employer Qualifications:
  • Must be a nonprofit religious organization in the U.S.
  • Must have a tax-exempt status or be affiliated with a religious denomination that has such status.
  • Must have the ability to compensate the religious worker and provide the necessary facilities to carry out the religious duties.

Application Process:

The process for obtaining an R-1 visa involves several key steps:

1. Petition Filing:
   • The U.S. employer must file Form I-129, Petition for a Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS), providing evidence of the religious worker’s qualifications and the organization’s eligibility.
2. Visa Application:
   • Upon approval of the petition, the applicant applies for the R-1 visa at a U.S. consulate or embassy in their home country, submitting the necessary documentation and attending an interview.
3. Admission to the U.S.:
   • Once the visa is granted, the religious worker can enter the U.S. to commence their duties with the employing organization.

Duration and Extensions:

The R-1 visa is initially granted for up to 30 months and can be extended for an additional 30 months, allowing a maximum stay of five years. Extensions are subject to demonstrating continued eligibility and the ongoing need for the religious worker’s services.

Recent Developments:

In August 2024, a Catholic diocese in New Jersey, along with five priests, filed a lawsuit against the U.S. government challenging changes to visa procedures for religious workers. The lawsuit contends that recent policy changes have led to significant backlogs and delays in processing religious worker green cards, potentially impacting the ability of religious organizations to fulfill their missions.