Temporary Religious Workers

What is an R Visa? 

An R visa is intended for certain authorized persons that will visit the United States for the purpose of working temporarily for an authorized religious organization.  In November 2008, U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security this link to the new regulations.  The information provided at this link to the USCIS web site is the most up-to-date guidance on R visas available from the U.S. government. announced new regulations and policies regarding the issuance of R visas.  These new regulations and policies have substantially changed the previously existing procedures for obtaining an R visa.  Please see

Brief Summary of Change in Procedure 

Under prior regulations regarding R visas for temporary religious workers, a visa applicant could apply for an R visa at a U.S. Embassy or Consulate without first obtaining a petition approved in the United States.  Under current regulations regarding R visas, the sponsoring religious organization in the United States must first file a Form I-129 (Petition for a Nonimmigrant Worker) with USCIS in the United States for all persons seeking an R-1.  Self-petitions will not be accepted, and I-129 petitions cannot be filed abroad.  

No U.S. Embassy or Consulate in the world, including the Embassy in Bogota, is authorized to issue an R-1 visa to any person who is not the beneficiary of an I-129 petition approved by USCIS in the United States. 

USCIS summarized the reasons for the change in procedures as follows: 

“This final rule amends U.S. Citizenship and Immigration Services (USCIS) regulations to improve the Department of Homeland Security's (DHS's) ability to detect and deter fraud and other abuses in the religious worker program. This rule addresses concerns about the integrity of the religious worker program by requiring religious organizations seeking the admission to the United States of nonimmigrant religious workers to file formal petitions with USCIS on behalf of such workers. This rule also implements t he Special Immigrant Nonminister Religious Worker Program Act requiring DHS to issue this final rule to eliminate or reduce fraud in regard to the granting of special immigrant status to nonminister religious workers. The rule emphasizes that USCIS will conduct inspections, evaluations, verifications, and compliance reviews of religious organizations to ensure the legitimacy of the petitioner and statements made in the petitions. This rule adds and amends definitions and evidentiary requirements for both religious organizations and religious workers. Finally, this rule amends how USCIS regulations reference the sunset date by which special immigrant religious workers, other than ministers, must immigrate or adjust status to permanent residence.”

Requirements of the Petition Process

The process of filing an I-129 petition with USCIS is described in the above link to the USCIS web site.  The process requires, among other things, that an authorized representative of the sponsoring organization submit an affidavit on behalf of the person seeking an R visa attesting to the following: 

1. That the prospective employer is a bona fide non-profit religious organization or a bona fide organization which is affiliated with the religious denomination and is exempt from taxation;
2. That the alien has been a member of the denomination for at least two years and that the alien is otherwise qualified for the position offered;
3. The number of members of the prospective employer’s organization;
4. The number of employees who work at the same location where the beneficiary will be employed and a summary of the type of responsibilities of those employees. USCIS may request a list of all employees, their titles, and a brief description of their duties at its discretion;
5. The number of aliens holding special immigrant or nonimmigrant religious worker status currently employed or employed within the past five years by the prospective employer’s organization;
6. The number of special immigrant religious worker and nonimmigrant religious worker petitions and applications filed by or on behalf of any aliens for employment by the prospective employer in the past five years;
7. The title of the position offered to the alien and a detailed description of the alien’s proposed daily duties;
8. Whether the alien will receive salaried or non-salaried compensation and the details of such compensation;
9. That the alien will be employed at least 20 hours per week;
10. The specific location(s) of the proposed employment; and
11. That the alien will not be engaged in secular employment.

Applying Without an Approved Petition  

If an applicant appears at a visa interview seeking an R-1 visa, the adjudicating officer must deny the applicant’s request for a visa and will inform the applicant of the above change in procedures.  The adjudicating officer has no authority to accept an I-129 petition for filing at the Embassy and has no authority to issue a visa without verifying that USCIS has approved a petition on behalf of the applicant.