Working in the U.S. in a Religious Capacity: An Introduction to the R-1 Visa and EB-4 Special Immigrant Religious Worker Green Card
Just as in the for-profit business industry, nonprofit religious organizations may need to bring foreign national religious workers to the United States. The two most common avenues for religious workers are:
the R-1 temporary visa, and
the EB-4 special immigrant religious worker green card.
Over the years, our ImLaw attorneys have helped numerous religious organizations secure R-1 visas and green cards for their religious professionals. In today’s post, we’ll take a closer look at both options and their requirements.
R-1 Temporary Religious Worker Visa
The R-1 visa allows a foreign national to work for a nonprofit religious organization in the U.S. in either a religious vocation or occupation. This visa category is used by many different religious organizations of every denomination across the globe, including nondenominational entities. The requirements of eligibility for the R-1 visa include:
The sponsoring organization must:
Provide proof of its nonprofit, tax-exempt status.
Provide evidence of its ability to compensate the religious worker.
Provide evidence that the religious worker is a member of the qualifying religious denomination for at least two years.
Provide evidence to establish that the religious worker is qualified to perform the duties of the offered position.
Offer employment in a religious occupation or vocation for at least 20 hours per week.
The foreign national must:
Possess two years of membership in the same religious denomination as the R-1 sponsoring organization.
The R-1 registration process is similar to other temporary work visas, but the R-1 visa category generally receives a high level of scrutiny from U.S. Citizenship and Immigration Services (USCIS). USCIS reserves the right to conduct an onsite inspection of the R-1 sponsoring organization either before or after approving the R-1 petition to verify key aspects of employment, including working hours, compensation, and duties. R-1 petitions are typically approved for an initial period of admission for up to 30 months, with subsequent extensions for a maximum of an additional 30 months. The total period of stay cannot exceed five years. The spouse and children of an R-1 religious worker may be eligible for R-2 dependent status.
Employment-Based (EB) Special Immigrant Religious Worker Green Cards
Employment-based green cards allow foreign nationals to work on a long-term, permant basis in the U.S. There are five categories of employment-based (EB) green cards. The EB-4 category encompasses Special Immigrants, which includes permanent religious workers, among other qualifying applicants. There are roughly 9,800 available EB-4 green cards each year. Recently, the EB-4 category became extremely backlogged, resulting in significantly increased processing times. The requirements for EB-4 special immigrant religious worker green card status include:
The sponsoring organization must:
Provide proof of its nonprofit, tax-exempt status.
Provide evidence of its ability to compensate the religious worker.
Provide evidence that the foreign national has worked in a religious occupation or vocation, in the same religious denomination as the sponsoring organization, for at least two years immediately preceding submission of the application.
Provide evidence to establish that the religious worker is qualified to perform the duties of the offered position.
Offer long-term employment in a religious occupation or vocation for at least 35 hours per week.
The foreign national must:
Possess two years of membership in the same religious denomination as the sponsoring organization.
Possess two years of experience working in a religious vocation or occupation immediately preceding the submission of the application.
Similar to the R-1 visa, USCIS may conduct an onsite inspection before or after approving the EB-4 green card. Additionally, the religious worker’s spouse and children may be eligible for dependent green card status.
When it comes to needing the right people on the team, faith-based organizations are no exception. The ImLaw team can assist religious organizations to obtain work visas and green cards for foreign talent to achieve their immigration goals. Simply fill out our online inquiry form to get started.