Religious Visa (R-1)

The religious visa (R-1) is a nonimmigrant employment visa issued to foreign religious workers so that they may carry out religious work at a religious organization in the United States as clergy, missionaries, members of a religious order, religious instructors, and the like.

This visa is issued after a religious organization in the United States files a petition in advance with U.S. Citizenship and Immigration Services (USCIS) and obtains approval, after which the applicant attends a visa interview at the U.S. Embassy in Korea.

Unlike for-profit employment visas (such as the H-1B), the religious visa presupposes activity at a nonprofit religious organization in the United States, and commercial activity is not permitted as a general rule.

Among the nonimmigrant visas of USCIS, the religious visa imposes strict eligibility requirements on both the applicant and the sponsoring organization.

The religious visa procedure begins with filing an I-129 petition with USCIS, and once it is approved, it proceeds to an interview at the U.S. Embassy in Korea.

1) Filing the religious visa I-129 petition

The religious organization prepares the I-129 (Petition for Nonimmigrant Worker) documents and submits them to USCIS.

At this stage, the religious organization must prove that its denomination qualifies under 501(c)(3).

USCIS may conduct a site inspection of the religious denomination before or after its final decision on the petition.

The organization must provide the actual address where the petitioner will work.

Supporting documents

• IRS nonprofit organization determination letter
• Proof of the applicant's 2-year membership (denomination registration confirmation, ordination certificate, and the like)
• Proof of compensation for the religious worker (salary payment plan, financial statements, budget report)
• Job Description: including the specific role the applicant will perform and a weekly schedule

2) USCIS document submission and processing

After the I-129 documents are filed with USCIS, an approval or a request for evidence (RFE) is generally issued within 4 to 6 months.

If a request for evidence is issued, additional materials must be submitted promptly.

3) Visa interview at the U.S. Embassy in Korea

After receiving the I-129 approval notice (I-797), the applicant must complete the DS-160 visa application and attend the embassy interview.

For religious visas, applications are often denied at the interview because the documents on the eligibility requirements are insufficient, because of misstatements, or because the applicant fails to clearly establish nonimmigrant intent.

For this reason, you should prepare in advance evidence showing that you will move to your home country or a country outside the United States after the religious visa expires, and bring it to the interview.

On initial approval, the religious visa permits a stay of up to 30 months. One point to note is that if you change the denomination you belong to, you must obtain a new religious visa.

• A stay of up to 30 months (2 years and 6 months) is permitted on initial approval
• An extension is possible thereafter, and if the extension is approved, a stay of up to a total of 5 years is possible
• Once the total of 5 years expires, reapplication is possible after residing outside the United States for at least 1 year

A key issue in the review of the religious visa (R-1) lies in missing eligibility requirements.

If it is difficult to prove membership in a religious denomination for at least 2 years, or if the denomination's nonprofit status does not match the IRS certificate, there is a high likelihood that the requirements will be found to be unmet.