Religious Worker Visa (R‑1 & EB‑4)

Serving your faith abroad is noble—until the mountain of USCIS forms appears. I’ve walked pastors, imams, and monks through this, turning headaches into warm cups of tea.
Negatives

Proving Tax‑Exempt Status: A missing IRS letter can kill an EB‑4 petition.
Narrow Definitions: R‑1 only covers religious duties, not general admin tasks.
Lengthy EB‑4 Wait: 12–18 months—R‑1 is faster but temporary.

Positives

Purpose‑Driven Work: You get paid (or supported) doing what you love.
Dual Path: Start on R‑1 (4 years max), then EB‑4 for a green card.
Family Benefits: R‑2 dependents can study, EB‑4 families can work.

IRS Determination Letter: Request a concise letter (no need for full financials).
Duty Log: Keep a simple weekly log of your religious activities—attach as Exhibit D.
Concurrent Filing: File I‑360 (EB‑4) and I‑485 together if visa numbers are current.

Step‑by‑Step Process

Obtain certification letter → 2. File I‑129 (R‑1) → 3. Begin duties → 4. After 2 years, file I‑360 (EB‑4) → 5. File I‑485 → 6. Biometrics + interview → 7. Green Card
Payments & Waivers

I‑129 fee: $460 (no waiver)
I‑360 fee: $435 (no waiver)
I‑485 fee: $1,140 + $85 biometrics (I‑912 waiver if qualify)

Special Circumstances

Expedited R‑1: If essential religious ceremony is looming, request premium processing ($2,500).
Change of Employer: R‑1 portability after 30 days with new petition.
VAWA Relief: Survivors of religious worker abuse can self‑petition.

1. Process Overview & Steps

Step 1: Obtain Certification Letter From tax‑exempt religious organization
Step 2: Complete Form I‑129 (R‑1) or I‑360 (EB‑4)
Step 3: Proof of Qualifications Ordination, religious training records
Step 4: Submit Supporting Evidence Organizational bylaws, tax‑exempt docs
Step 5: Consular Interview or USCIS Adjudication

2. Estimated Timeline

R‑1 Temporary Visa: 4–6 months
EB‑4 Green Card: 12–18 months

3. Key Difficulty & Resolution
Difficulty: “Brother Samuel” had a solid certification letter but no clear tax‑exempt documentation. USCIS could reject Form I‑360 for insufficient organizational proof. Resolution: Daniel guided him to obtain a concise IRS determination letter and attach the organization’s bylaws. A simple checklist in our call filled that gap.

4. Single-Consultation Impact
Samuel nearly assembled everything himself; Daniel’s one consult flagged the missing IRS letter and advised the exact exhibit labels. The petition approved in under six months for R‑1 status, and the EB‑4 moved forward without hiccups.

Filling the form for Religious Worker Visa (Form I‑129 for R‑1 & Form I‑360 for EB‑4)

Form I‑129 (Petition for R‑1 Temporary Religious Worker)

1. Part 1 – Basis for Classification
○ Check Box “(d)(1) R‑1.”

2. Part 2 – Information About This Petition
○ Full title of organization, address, tax status.

3. Part 3 – Beneficiary Information
○ Name, birth date/place, citizenship, passport details.

4. Part 4 – Processing Information
○ Consular vs. change‑of‑status request.

5. Part 5 – Additional Information
○ Prior U.S. visits, status history, dependents.

6. Part 6 – Qualifications of the Beneficiary
○ Ordination certificate, religious training, letters from religious body.

7. Part 7 – Petitioner’s Statement and Signature
○ Church official signs, date.

8. Part 8 – Contact Information

9. Part 9 – Interpreter/Preparer (if any)

10. Supporting Documents
○ IRS tax‑exempt letter, organizational bylaws, employment letter.

Religious Worker Visa (R‑1 & EB‑4)