The Immigration and Nationality Act provides two categories of visas for religious workers: 

1. Temporary or Nonimmigrant "R" status; and 
2. Legal Permanent resident or immigrant "SD" status in the United States. 

Religious workers include ministers of religion who are authorized by a recognized denomination to conduct religious worship and perform other duties usually performed by members of the clergy such as administering the sacraments, or their equivalent.  Religious vocation means a calling to religious life, evidenced by the demonstration of a lifelong commitment, such as taking of vows.

 

R1 Temporary Religious Worker Visa

The temporary religious worker classification is divided into three categories of religious workers:

1. Ministers of religion;
2. Professional workers in a religious vocation or occupation; or
3. Other workers in a religious occupation or non-professional vocation.

 

Any bona fide nonprofit religious organization in the US may file for a religious worker.   To qualify as a petitioner, the religious organization must be a nonprofit religious organization granted tax exempt status.  To qualify as an R1 religious worker, the religious worker must have been a member of the religious denomination having a bona fide nonprofit religious organization in the US for at least the two years immediately preceding the application.  The R1 religious worker may be admitted temporarily to the US for one of the following reasons:

 

1. Solely to carry on the vocation of a minister of the religious denomination;
2. To work for the religious organization at the request of the organization in a professional capacity; or
3. To work for the organization, or a bona fide organization, which is affiliated with the religious denomination, at the request of the organization in a religious vocation or occupation.

 

The R1 visa is initially valid for 3 years and then renewable for an additional 2 years, an not valid for no more than a total of 5 years.  A religious worker may return abroad and reside abroad for at least one year and then reapply for an R1 visa.  R2 visa is available for spouses and dependents of the R1 religious worker.  R2 visas is not eligible for work authorization. 

Permanent Residence Based On Religious Occupation 

A religious worker is a person who for the past two years has been a member of a religious denomination which has a bona fide nonprofit, religious organization in the United States; and who has been carrying on the vocation, professional work, or other work described below, continuously for the past two years; and seeks to enter the U.S. to work solely:

1. As a minister of that denomination; or
2. In a professional capacity in a religious vocation or occupation for that organization; or
3. In a religious vocation or occupation for the organization or its nonprofit affiliate.

 

Process:  The religious organization must file the I-360 petition including all supporting documents to USCIS.  Only once the I-360 petition is approved will the religious worker be eligible to file Form I-145, Application to Adjust Status or to proceed with Consular Processing Abroad.  For a religious worker, there is no concurrent filing option.  Therefore, it is recommended that the religious worker continue to maintain his/her R1 visa while Form I-360 is pending with USCIS.