Religious Workers

Massa Viana Law

Religious Workers

Keeping the Faith

The United States has a specialized visa program known as the R-1 visa for foreign nationals seeking to work in religious vocations or occupations. This program was instituted in 1990 and has been important in addressing workforce gaps in religious communities. 

In order to be eligible for an R-1 visa, individuals need to be a minister or an individual working in a religious occupation or vocation. USCIS has, for instance, approved R-1 petitions for religious instructors, cantors, and liturgical workers. The applicant must work at least part-time and exclusively in a religious capacity.

The petitioner must be a bona fide nonprofit entity in the U.S. The beneficiary must come to the United States to work at least 20 hours per week and they must be a member of the same type of religious denomination as the petitioning organization for at least two years. The worker may be able to come and work for more than one employer, so long as each employer obtains a separate approved R-1 petition. No secular employment, however, is allowed by the religious worker.

Petitioning institutions may apply for an R-1 visa for workers inside the United States—in lawful status—or outside the U.S. Workers outside will need to consular process once the petition is approved.


The R-1 program is unique in that it involves site visits by USCIS to verify compliance, a measure put in place in 2008 to reduce fraud. This is one of the few nonimmigrant categories where such a requirement exists. Overall, the R-1 visa program provides a targeted immigration pathway for foreign religious workers, meeting both the religious and social needs of diverse American communities.

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FAQ

Frequently Asked Questions

Ministers, professionals in religious occupations, or individuals who have been part of a religious group performing work directly related to carrying out the creed of the organization are eligible.

Yes, spouses and children unmarried and under 21 may receive R-2 status as derivatives of the R-1 Religious worker.

Religious worker positions may be salaried or non-salaried positions. The organization may support the beneficiary in the form of room, board, medical care, etc., instead of providing a regular salary. Missionary workers may also be able to get a visa by demonstrating uncompensated employment, although there are several criteria that must be met.

Although USCIS no longer mandates on-site inspections prior to approval, it randomly selects petitioning religious organizations for on-site inspections after the religious worker visa petition is approved to ensure compliance with the program. Additionally, USCIS also may inspect if it suspects non-compliance.

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