R-1 Visa Guide

The R-1 visa allows individuals to travel to the United States to perform religious work or participate in religious services. The religious group or organization sponsoring the application must be a legitimate and recognized religious organization.

Benefits of the R-1 Visa

1. Bringing Family Members
   • With an R-1 visa, you can bring your spouse and children under 21 years of age to the U.S. under the R-2 status.
   • While R-2 visa holders cannot work in the U.S., their primary purpose is to accompany the R-1 visa holder.
2. Living in the U.S.
   • The R-1 visa allows you to live in the U.S. for an initial period, extendable up to a maximum of 5 years.
3. Right to Work in a Religious Organization
   • No formal educational qualifications are required for religious professions under this visa. However, the role must involve traditional religious duties.
4. Dual Intent Visa
   • The R-1 visa is a dual intent visa, meaning it allows you to apply for permanent residency (Green Card) without jeopardizing your visa status.

Requirements for the R-1 Visa

1. Membership in a Religious Group
   • You must have been a member of a recognized religious group for at least two years before applying.
2. Working for a Non-Profit Organization
   • The sponsoring religious organization must be a non-profit entity recognized as tax-exempt by the IRS.
   • A valid IRS tax-exemption letter must be submitted with the application.
3. Religious Worker Role
   • You must work at least 20 hours per week in a religious occupation.
4. Petition by a Sponsoring Organization
   • You cannot apply for the R-1 visa on your own. The U.S. employer or organization must submit a petition by filing Form I-129 on your behalf.
5. Multiple Employers Allowed
   • If you plan to work for more than one employer, each organization must file a separate petition and submit the required documents.

The R-1 Visa Process

The R-1 visa process begins with the sponsoring U.S. employer filing Form I-129. Along with the petition, the following documents must be submitted:

• A support letter.
• A detailed job description.
• A valid IRS tax-exemption letter.
• Evidence of salary or compensation.

After filing, the U.S. consulate or embassy will evaluate your eligibility for the visa. However, your actual entry into the U.S. will be decided by Customs and Border Protection (CBP) at the port of entry.

Extensions and Reentry for R-1 Visa Holders

1. Extension of Stay
   • R-1 visa holders can extend their stay for up to 30 additional months, provided the total stay does not exceed 5 years.
   • Family members on R-2 status must also file Form I-539 to extend their stay alongside the R-1 visa holder.
2. Reentry After Maximum Stay
   • After staying in the U.S. for 5 years, R-1 visa holders must spend at least 1 year outside the U.S. before applying for reentry under the same status.

Changing R-1 Visa Status

R-1 visa holders can apply for other temporary (non-immigrant) visas such as H-1B or F-1. They may also seek employment-based immigrant visas like EB-2 or EB-3 without affecting their R-1 status.

• Since the R-1 visa allows dual intent, planning for permanent residency or a Green Card does not negatively impact your eligibility for the visa or its extensions.

Contact Us for Assistance

Navigating the R-1 visa process can be complex. For expert legal guidance, contact Yellow Law. Our experienced immigration lawyers are here to help you every step of the way.