After reading the R1 visa overview and gaining a general idea of what an R1 visa petition is, the next step is to learn about what a religious worker would need to provide as evidence to prove that they are qualified for an R1 work visa.
The article below provides a brief overview of what the R1 visa requirements are looking for and what documents are usually submitted for each requirement.
- 1.
- a.
- b.
- c.
- d.
- 2.
- a.
- b.
Table of Contents
In an R1 visa petition, it must be shown that (1) the person has been a member of a religious denomination (that has a bona fide non-profit religious organization in the United States) for at least 2 years immediately prior to filing the R1 visa petition, (2) the U.S. employer is either a non-profit religious organization in the United States or a non-profit religious organization affiliated with a religious denomination in the United States, (3) the job offered in the United States is a compensated (salaried or unsalaried) position that requires at least 20 hours per week (or an uncompensated position that is a part of an established international program for certain missionary work), and (4) the person will work as a minister in the religious denomination, or in a religious vocation or religious occupation.
The following sections consist of a brief summary on each requirement and the documents that are generally used as evidence to satisfy that requirement.
The person has been a member of a religious denomination for at least 2 years immediately prior to filing the R1 visa petition
The R1 visa petition requires the person to have been a member of a religious denomination (that has a bona fide non-profit religious organization in the United States) for at least 2 years immediately prior to filing the R1 visa petition.
Religious Denomination
A religious denomination under the R1 visa petition is a religious group that is governed under a common type of ecclesiastical government and includes at least a common (1) creed or statement of faith, (2) form of worship, (3) formal code of discipline and doctrine, (4) religious ceremonies and services, (5) established places of worship or congregations, or (6) comparable sign of a bona fide religious denomination.
In other words, a religious denomination is a subgroup under a religion that has a common name, tradition, and identity. For example, under the religion of Christianity, there are religious denominations such as roman catholic, eastern orthodox, evangelical…etc.
Evidence that shows the person’s membership of the religious denomination can include but is not limited to:
- Letters from persons (who have first-hand knowledge regarding the membership) of the religious organization, which includes the religious organization’s name, membership dates, service attendance frequency
- Baptismal records
- Proof of confirmation
- Participation certificates
- Awards or titles given by the organization or denomination
- Letter(s) of membership
- Attendance records
The U.S. employer is either a non-profit religious organization in the United States or a non-profit religious organization affiliated with a religious denomination in the United States
The R1 visa petition requires the U.S. employer to be either a non-profit religious organization in the United States or a non-profit religious organization affiliated with a religious denomination in the United States.
The U.S. employer under the R1 visa petition can be (1) a non-profit religious organization in the United States, (2) a religious organization authorized by a group tax exemption holder to use its IRC §501(c)(3) tax exemption, or (3) a non-profit religious organization that is affiliated with a religious denomination in the United States.
Evidence that shows the U.S. employer’s tax-exempt status can include but is not limited to:
- [Individual] IRS 501(c)(3) tax-exempt determination letter
- [Group] IRS group tax-exemption determination letter
- [Affiliate] When the organization is affiliated with the religious denomination, the following documentation is needed:
(a) IRS determination letter of the organization’s tax-exempt status
(b) Documentation showing the organization’s nature and purpose is religious
(c) Organizational literature showing the organization’s nature and purpose is religious
(d) A religious denomination certification stating the organization is affiliated with the religious denomination
The job offered in the United States is a compensated (salaried or unsalaried) position that requires at least 20 hours per week (or an uncompensated position that is a part of an established international program for certain missionary work)
The R1 visa petition requires that the job offered in the United States is a compensated position that requires at least 20 hours per week or an uncompensated position that is part of an established international program for certain missionary work. The compensation for the religious work can be salaried (i.e., cash) or in-kind compensation (e.g., goods, services).
In general, the religious work position under the R1 visa petition must be compensated. The exception is when the person is participating in an established international program doing temporary uncompensated missionary work under a U.S. employer (and the person must be able to support themselves financially under this situation).
Evidence that shows how the U.S. employer will give the religious worker monetary (i.e., cash) or in-kind compensation (e.g., goods, services) can include but is not limited to:
- IRS documentation must be provided (certified tax returns, W2)
- If there are no IRS documents available, an explanation and comparable verifiable documentation must be provided
- Documents that show past compensation to similar job position(s)
- Documentation of budgets that show cash set aside for compensation (e.g., salaries, leases), such as audited financial statements, bank statements, pay stubs, canceled checks
- Verifiable documents that show room and board, such as lease agreements, deeds or titles of the person’s housing location, photos
- Other documents (e.g., medical coverage, transportation costs, paid holidays, insurance)
Evidence that shows temporary uncompensated positions of missionary work in established international programs can include but is not limited to:
- Documents of previous R1 visa workers
- Documents that show missionary workers are traditionally uncompensated
- Formal training for missionaries is provided by the organization
- Participation of this missionary work is an established requirement for the denomination’s religious development
- The religious worker was accepted into the missionary program
- The religious denomination maintains missionary programs in the United States and overseas
- Duties and responsibilities of this traditionally uncompensated missionary work
- The religious worker’s bank statements or budgets that show the sources for self-support (e.g., family or personal savings, room and board with U.S. host families, donations from churches)
The person will work as a minister, or in a religious vocation or religious occupation
The R1 visa petition requires the person will work as a minister in the religious denomination or in a religious vocation or religious occupation. A minister under the R1 visa petition cannot be a lay preacher and must be fully authorized or trained by the religious denomination to perform religious worship and other duties that are normally performed by members of the clergy. A non-minister religious vocation under the R1 visa petition is where a person has a calling or devotion to take on a religious lifestyle that is created by making a lifelong commitment with vows or ceremonies required by the religious denomination such as nuns and monks. A non-minister religious occupation under the R1 visa petition must be recognized as a religious occupation in the religious denomination and must engage in activity devoted to traditional religious functions that involve inculcating or carrying out the denomination’s religious beliefs and creeds.
General Documents to Prepare for Religious Job Offer
Evidence required for all religious work positions must include a letter from an authorized official of the U.S. employer that lists the:
- Job title
- Specific job duties, number of hours per week spent on each duty, and the specific location(s) of where each duty will be performed
- A daily and weekly schedule of the job offered
- Explanation of whether the U.S. employer always had a minister or staff to perform the person’s job duties (if not, then it should include what created a need for the person’s services)
Minister Position
Ministers under the R1 visa petition must be fully authorized or trained by the religious denomination to perform religious worship and other duties that are normally performed by members of the clergy. For example, administering sacraments (religious ritual or ceremony) such as baptism, eucharist. The activities performed must have a rational relationship to the religious calling of the minister, however, incidental duties (e.g., administrative duties) can be included.
Lay preachers (not ordained) are not considered ministers under the R1 visa petition. Under the R1 visa petitions, it is common for the religious denominations to require ministers to have some form of training, certification of ordination, license, or other documentation from accredited theology institutions. Examples of ministers under the R1 visa petition can include priests, pastors, rabbis, deacons, buddhist monks, imam…etc.
Evidence that shows the job offer is for a minister position can include but is not limited to:
- The person’s certificate of ordination, or other comparable documents that show the person is accepted as a qualified minister under the religious denomination
- Completion of any course of prescribed theological education at an accredited theological institution that is usually required or recognized by the religious denomination
o Academic transcripts, curriculum, syllabus
o Documents that show the theological institution is accredited by the religious denomination
- When no prescribed theological education is required, provide:
o Ordination requirements of a minister in the religious denomination
o List of the duties that are allowed to be performed after ordination
o Levels of ordination in the religious denomination
o Documents that show the religious worker has completed the ordination requirements of the religious denomination
Religious Vocation Job Offer
Religious vocation under the R1 visa petition is a calling or devotion to take on a religious lifestyle created by making a lifelong commitment with vows or ceremonies required by the religious denomination. The religious denomination must have a class of members dedicating their life to religious functions and practices as compared to their secular members. For example, nuns, monks, religious sister or brother…etc.
Evidence that shows the job offer is for a religious vocation position can include but is not limited to:
- Documents that show the person through vows, ceremonies, investitures made a formal lifetime commitment to take on a religious lifestyle
- Documents that show the religious denomination having a class of members dedicating their life to religious functions and practices
- Detailed explanation and documentation that show the membership requirements of the religious vocation in the organization (it should include the various membership stages and the dates of the person in each stage)
Religious Occupation Job Offer
Religious occupation under the R1 visa petition is an occupation that is engaged in activity devoted to traditional religious functions which must involve inculcating or carrying out the denomination’s religious beliefs and creeds. The person’s position must also be recognized as a religious occupation under the religious denomination. Administrative or supporting jobs performing nonreligious functions (e.g., clerical workers, maintenance workers, janitors, donation solicitors, fundraisers, or other similar positions) that do not directly involve spreading the religious denomination’s teachings are not qualified as religious occupations. Religious occupations also do not include volunteers, religious study, or training for religious work.
Evidence that shows the job offer is for a qualified religious occupation position can include but is not limited to:
- Detailed description of the denomination’s requirements for the job offered and how the person meets those requirements
- Documents that show the person meets the denomination’s requirements for the job offered (it should include academic degree, transcripts, certificates)
- Bylaws, manuals, guidebooks, brochures, or other documents that show the denomination’s requirements for the job offered
- Letter from the principal or superior of the religious denomination in the United States (it should explain the reasons why the job offered qualifies as a traditional religious function)
- Bylaws, constitution, historic statements of faith, or other documents that show the job offered is a religious occupation under the denomination
The overall emphasis on the documents and requirements/criteria of an R1 visa petition is that the religious work must be involved in practicing religious functions and spreading religious beliefs.
The requirements for an R1 visa petition are extensive and while ticking the boxes of requirements sounds simple enough, figuring out what items should be included and strategizing how the petition is presented is not. It is common practice and strongly encouraged to obtain an attorney for employment-based nonimmigrant visa petitions.
The main difference between a green card and a temporary work visa (such as an R1 visa, H1B visa, L1 visa, O1 visa, P1 visa, TN visa, E3 visa) is that a green card holder can freely change jobs among different employers without needing additional filings or approvals from the U.S. government. Also, unlike temporary work visas, green cards are permanent so there is no set maximum time on how long a green card holder can stay in the United States.
When the R1 visa workers decide that they would like to live in the United States permanently and do not want to be subject to the time limitations or the constant filing requirements to extend (renew) their temporary work visa, the next step for them is to file a green card petition. The EB4 green card petitions for religious workers are usually used by R1 visa workers because of the similarity in the requirements of the two visa categories. The main difference in visa requirements between the R1 visa and the EB4 green card is that the religious worker under the EB4 green card is required to have an additional 2-year religious work experience before filing for their EB4 green card petition.
The EB4 green card for religious workers is relatively fast because unlike most employment-based green card petitions, the EB4 green card petition does not need to go through a lengthy PERM Labor certification process. The EB4 green card petition can be filed by the religious worker themselves (i.e., self-sponsor) but a U.S. employer is still required. In most cases, the transition from an R1 visa to an EB4 green card with the same U.S. employer is relatively seamless (i.e., the religious worker will already be in the United States with an R1 visa status and should have already satisfied the additional requirement of the 2-year continuous religious work experience).
Furthermore, a person can qualify for an employment-based green card no matter where they are currently residing in the world. There is no pre-requisite as to the person being in some type of nonimmigrant visa status (such as an R1 visa) or having an educational degree from a U.S. school. In other words, a person who does not have a U.S. degree and has never been to the United States can still qualify for an employment-based green card. Thus, even if a person is not in an R1 visa status yet but does have the qualifications for a R1 visa, they can alternatively choose to file for an EB4 green card petition instead.
If you have an R1 work visa (Religious Workers) immigration question, please fill out our contact us form or send us an email with some basic information about your background and your immigration needs. We will do our best to respond within 48 hours.
How we can help?
Kylie Huang Law’s immigration attorney will help identify whether the R1 visa is the appropriate nonimmigrant visa category for the client’s (or the client’s beneficiary’s) professional background and if there are other visa options for the client (or the client’s beneficiary). We will work closely with our client to prepare a convincing case for their (or it’s) R1 visa petition and we will also strategize on how the R1 visa petition should be presented to achieve the best chances of approval. It is strongly advised and common practice to retain an immigration attorney for an R1 work visa petition due to the complexities in the immigration process and visa requirements.
What does the typical process look like to retain (hire) us?
- Step 1:
- Step 2:
- Step 3:
- Step 4:
- Step 5:
- a.
- b.
- c.
- Step 6:
- Step 7:
- Step 8:
- Fill out the form (with some basic information on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment online
- Attend scheduled appointment (typically a phone call or zoom meeting)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
- Step 1:
- Step 2:
- Step 3:
- Step 4:
- Step 5:
- a.
- b.
- c.
- Step 6:
- Step 7:
- Step 8:
- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
- Step 1:
- Step 2:
- Step 3:
- Step 4:
- Step 5:
- a.
- b.
- c.
- Step 6:
- Step 7:
- Step 8:
- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming content of documents that will be submitted
- Filing the case
- Following up on the case status
- Close the case when a final determination is issued