The R1 visa is a non-immigrant visa issued to foreign nationals who seek to enter the United States temporarily to work as a religious worker. The visa is commonly issued to ministers, religious instructors, or individuals who work in a professional religious capacity. The R1 visa allows the holder to live and work in the U.S. for a set period, with options for extensions and potential pathways to permanent residency.
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Initial Duration of Stay on an R1 Visa
The initial period of stay granted for an R1 visa holder is typically up to 30 months (2.5 years). This timeframe is designed to allow religious workers enough time to fulfill their responsibilities in the U.S. as outlined in their job offer and visa application. However, this initial duration is not the maximum time allowed for an R1 visa holder’s stay.
Extension of Stay on an R1 Visa
An R1 visa holder can request an extension of their stay if they need more time to continue their religious duties in the U.S. The extension can be granted for an additional 30 months, bringing the total possible duration of stay on the R1 visa to a maximum of 5 years (60 months).
To apply for an extension, the visa holder’s sponsoring religious organization must file a Form I-129 (Petition for a Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS) before the initial period of stay expires. The sponsoring organization must demonstrate that the R1 visa holder continues to meet the qualifications for the visa and is actively engaged in the approved religious work.
Conditions for an R1 Visa Stay
- The visa holder must be employed by the religious organization in a qualifying role.
- The religious worker should be engaged in a full-time or part-time position as indicated in the original visa application.
- The religious worker must continue to meet the eligibility requirements, including maintaining their religious vocation or profession throughout their stay.
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Outside Time and Resetting the Visa Duration
After the maximum 5-year stay is reached, the R1 visa holder must spend at least one year outside the United States before becoming eligible to apply for a new R1 visa. This provision ensures that the R1 visa is used as a temporary, non-immigrant visa and not as a permanent stay permit.
Temporary Travel Outside the U.S.
R1 visa holders are allowed to travel outside the U.S. temporarily during their stay. Upon returning to the U.S., they may be readmitted for the remaining duration of their approved stay as long as their visa is still valid and they continue to meet the terms of their employment.
Path to Permanent Residency (Green Card)
One advantage of the R1 visa is that it allows for dual intent, meaning the visa holder can apply for permanent residency while in the U.S. without affecting their non-immigrant status. Many R1 visa holders apply for a green card under the Special Immigrant Religious Worker category (EB-4), which provides a path to permanent residency. Once the green card is approved, the individual no longer needs to renew their R1 visa and can stay in the U.S. permanently.
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R1 Visa for Family Members (R2 Visa)
Spouses and unmarried children under 21 of R1 visa holders can accompany them to the U.S. on an R2 visa. R2 visa holders are allowed to live and study in the U.S. but cannot work. The duration of the R2 visa is tied to the R1 visa holder’s stay, and dependents must depart the U.S. if the R1 visa holder leaves or does not extend their visa.
