Applying for an R-1 Religious Worker Visa: A Step-by-Step Guide
Vocabulary:
petitioner = the religious organization sponsoring the R-1 visa (for example, a church)
beneficiary = the foreign worker coming on the visa to work for the religious organization (for example, a pastor)
Eligibility:
To be eligible for an R-1, the beneficiary must:
have been a member of a legitimate religious denomination with a bona fide non-profit religious organization in the U.S. for at least two years,
Have a job offer to work in the U.S. for an affiliate of that same religious organization for at least 20 hours per week, and
Be coming solely as a clergy member or to perform a religious occupation
The petitioner must fall into one of the following three categories to be eligible to file petitions for R-1 visas:
A non-profit religious organization in the U.S.,
A religious organization authorized as a group tax exemption holder, or
A non-profit religious organization affiliated with a religious denomination in the U.S.
The Process:
Step 1: File I-129 & R-1 Supplement
File these forms by mailing them to the USCIS California Service Center. You will want to include a cover letter, evidence, and an "index of exhibits" listing the evidence that you are submitting with the application. On top of the application, you will include payment for the filing fees. If you want to pay by credit card, use Form G-1450.
Step 2: On-Site Visit
At some point, a USCIS officer will come to the religious site for an inspection to confirm that the site is really there and to ask questions about the applicant and religious organization. Unfortunately, there is often no advance notice of when the officer will come to do the inspection.
Step 3: Approval Notice I-797
If approved, the petitioner will receive an approval notice in the mail.
If the beneficiary is already in the United States, they may begin working after the "start date" listed on the application. If the beneficiary is outside the US, then they should follow the below steps:
Step 4: Beneficiary Submits DS-160
While having the R-1 approval gives the beneficiary legal status, they still need a visa stamp to enter at the border. To apply for this visa stamp, the beneficiary submits a DS-160 through the Department of State Website.
Step 5: Interview at a US Embassy or Consulate
Beneficiary should schedule an appointment at the U.S. Consulate abroad or Embassy for an interview. You can schedule an appointment for most U.S. Consulates or Embassies either online or by phone.
Step 6: Once a visa is issued after the interview, the beneficiary can come to the US, begin work, and apply for derivatives
R-1 Visas are valid for 30 months and can be renewed once. However, after working for 2 years, the beneficiary may be able to apply for a green card through employment.
Timeline:
Unless the petitioner is eligible for premium processing, this process should take about 8-9 months from the time of filing until the time the beneficiary can begin work.