The updated filing fee for R-1 can be found here.

When you send a payment, you agree to pay for a government service. Filing and biometric service fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request.

Requirements:

1. The foreign religious worker must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least 2 years immediately before the filing of the petition (note: membership is sufficient, prior employment is not required);
2. The foreign religious worker must belong to a religious denomination or affiliate which is exempt from taxation, or the religious denomination qualifies for tax-exempt status;
3. The foreign religious worker must plan to enter the U.S. solely to work as a minister of a religious denomination or, at the request of the organization, to work in a religious vocation or occupation;
4. The foreign religious worker must have an occupation or vocation for a religious denomination or for an organization affiliated with the denomination;
5. The foreign religious worker must be coming to the U.S. to work in at least a part-time position (approximately 20 hours per week);
6. The foreign religious worker must be compensated (either salaried or non-salaried compensation) and the petitioner must provide verifiable evidence of compensation.
7. The foreign religious worker must have resided and been physically present outside the U.S. for the immediate prior year if he/she previously spent five years in the U.S. in the R-1 classification;
8. The foreign religious worker must intend to leave the U.S. upon completion of the authorized stay.

Limitations:

1. The foreign religious worker may be granted the status for an initial period of admission for up to 30 months;
2. The foreign religious worker may extend the R-1 status in increments of 30 months;
3. The foreign religious worker may not exceed a total period of stay in the U.S. of 5 years. (A person can obtain R-1 status again after remaining outside the U.S. for one year before making another application.)

1. Minister
   1. Foreign religious worker duly authorized by a recognized religious denomination to conduct religious worship and to perform other duties usually performed by authorized members of the clergy of that religion;
   2. Must have a reasonable connection between the activities performed and the religious calling of the minister;
   3. Category does not include a lay preacher not authorized to perform such duties;
2. Professional Religious Worker
   1. Foreign religious worker performs activities in a religious vocation or occupation that requires a U.S. bachelor degree or its foreign equivalent;
   2. No combination of education and experience, or experience alone, will be allowed to substitute for a bachelor degree;
3. Work In a Religious Occupation
   1. Foreign religious worker performs an activity that relates to a traditional religious function;
   2. Examples of persons in religious occupations include, but are not limited to, liturgical workers, religious instructors, religious counselors, cantors, catechists, workers in religious hospitals or religious health care facilities, missionaries, religious translators, and religious broadcasters;
   3. This group does not include janitors, maintenance workers, clerks, fund raisers, and persons involved solely in the solicitation of donations;
4. Work In a Religious Vocation
   1. Foreign religious worker called to religious life as demonstrated by a commitment to a religious denomination, such as the taking of vows;
   2. Examples of persons with a religious vocation include, but are not limited to, nuns, monks, and religious brothers and sisters.

There is no prevailing wage requirement like other employment-based visas; however, the foreign religious worker must be compensated either by salaried or non-salaried compensation and the R-1 Petitioner must provide verifiable evidence of such compensation. If there is no compensation, the Petitioner must prove that the non-compensated worker is participating in a traditionally non-compensated missionary program within the denomination which is part of a broader “international program of missionary work” sponsored by the denomination. And,  the Petitioner must provide evidence of how the foreign religious worker will be supported while participating in the program.

Uncompensated Missionary Work

There are additional requirements to qualify for R-1 status based upon temporary uncompensated missionary work. The Petitioner has the additional burden of showing it is a missionary program in which: (1) foreign workers, whether compensated or uncompensated, have previously participated in R-1 status; (2) missionary workers are traditionally uncompensated; (3) the organization provides formal training for missionaries; and (4) participation in such missionary work is an established element of religious development in that denomination. Evidence should describe the missionary program, the religious duties associated with the missionary work and demonstrate that the foreign religious worker has been accepted in to the program, describe his/her responsibilities and demonstrate that the foreign religious worker has adequate means of support.

8 CFR §214.2(r).

Religious Workers.  This paragraph governs classification of an alien as a nonimmigrant worker. (R-1)

8 C.F.R. §204.5(m)(5)

(5)Definitions. As used in paragraph (m) of this section, the term:

Bona fide non-profit religious organization in the United States means a religious organization exempt from taxation as described in section 501(c)(3) of the Internal Revenue Code of 1986, subsequent amendment or equivalent sections of prior enactments of the Internal Revenue Code, and possessing a currently valid determination letter from the IRS confirming such exemption.

Bona fide organization which is affiliated with the religious denomination means an organization which is closely associated with the religious denomination and which is exempt from taxation as described in section 501(c)(3) of the Internal Revenue Code of 1986, subsequent amendment or equivalent sections of prior enactments of the Internal Revenue Code and possessing a currently valid determination letter from the IRS confirming such exemption.

Denominational membership means membership during at least the two-year period immediately preceding the filing date of the petition, in the same type of religious denomination as the United States religious organization where the alien will work.

Section 101(a)(15)(R)

(R) an alien, and the spouse and children of the alien if accompanying or following to join the alien, who-

(i) for the 2 years immediately preceding the time of application for admission, has been a member of a religious denomination having a bona fide nonprofit, religious organization in the United States; and

(ii) seeks to enter the United States for a period not to exceed 5 years to perform the work described in subclause (I), (II), or (III) of paragraph (27)(C)(ii)

USCIS may grant R-1 status for an initial period of admission for up to 30 months. Subsequent extensions may be granted for up to an additional 30 months. The religious worker’s total period of stay in the United States in R1 visa classification cannot exceed five years (60 months). USCIS counts only time spent physically in the United States in valid R1 visa status toward the maximum period of stay. See PM-602-0057, Procedures for Calculating the Maximum Period of Stay for R-1 Nonimmigrants (PDF, 70 KB) for details.

Should the alien obtain an I-94 Admission and Departure Record from CBP with an initial period of admission beyond the regulatory maximum of 30 months, the error should be corrected by bringing it to the attention of the port of entry that issued the I-94 or the Deferred Inspection Office of CBP. Neither the petitioning prospective employer nor the alien will be penalized for the error. However, such an error may affect the alien’s future immigration benefits if he or she exceeds the statutory maximum of five years. Do not use Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document, to request that USCIS correct a CBP error on Form I-94. USCIS cannot correct the form I-94. Please visit www.cbp.gov for information on correcting Form I-94 issued by CBP.

If an R-1 nonimmigrant’s I-94 lists an initial period of admission longer than 30 months, however, such nonimmigrants may request an extension of status prior to the end of that 30 month period of admission.

Before applying for a new nonimmigrant R1 visa (a new five-year maximum stay), the individual must have lived outside the United States for at least one year. These time limitations do not apply to religious workers who did not reside continuously in the United States and whose employment in the United States was seasonal, intermittent or for an aggregate of six months or less per year. The limitations also do not apply to religious workers who reside abroad and commute to the United States to work part time.