NonimmigrantEmployment-basedPetition required5-year maximumForm I-129

R-1 Religious Worker

For ministers and people in religious vocations or occupations who come to work at least 20 hours a week for a U.S. nonprofit religious organization, for up to 5 years in total.

Last reviewed Oct 1, 2026Sources: USCIS · eCFR · Federal RegisterReport an error

At a glance

Initial period: Up to 30 months
Maximum total stay: 5 years in R-1 status
Denominational membership: At least 2 years before filing
Minimum work: Average of 20 hours per week
Petition: Form I-129 with R-1 supplement, always required
After 5 years: Must depart; no minimum time abroad since Jan. 16, 2026

One-year-abroad rule removed. An interim final rule effective January 16, 2026 ended the requirement that R-1 workers who reach the 5-year maximum spend a year outside the U.S. before returning in R-1 status. They must still depart, but 8 CFR 214.2(r)(6) now sets no minimum period abroad.

Overview

The R-1 classification is for foreign nationals who come to the U.S. temporarily to work as ministers, or in a religious vocation or occupation, for a bona fide nonprofit religious organization or an affiliated organization. The work must average at least 20 hours a week (USCIS). Applicants must have belonged to the same type of religious denomination for at least 2 years immediately before the petition is filed.

Every R-1 case starts with a petition from the U.S. employer on Form I-129 with the R-1 Classification Supplement, which includes employer attestations. Only one beneficiary may be named per petition. USCIS may verify the evidence by any means, including an on-site inspection of the organization before or after approval. Satisfactory completion of a pre-approval inspection is a condition of approval.

R-1 status is granted for up to 30 months at a time and is capped at 5 years in total. The cap does not apply to people whose R-1 work is seasonal or intermittent, or totals 6 months or less a year, or to those who live abroad and commute for part-time work. Since January 16, 2026, a worker who reaches the cap must still leave but can be readmitted in R-1 status without first spending a year abroad.

Who qualifies

The worker must

Have been a member of the same type of religious denomination for at least 2 years immediately before the petition is filed
Be coming to work as a minister or in a religious vocation or occupation (professional or not)
Work at least part time, averaging at least 20 hours a week, for the petitioning organization only
Not work in any other capacity, including secular jobs

The employer must

Be a bona fide nonprofit religious organization in the U.S., or a bona fide affiliated organization, with a currently valid IRS 501(c)(3) determination letter (individual or group exemption)
Sign the attestations in the R-1 supplement (membership, compensation, hours, location, number of employees and prior religious-worker petitions)
Show how the worker will be paid or, for established uncompensated missionary programs, how they will support themselves
Notify DHS within 14 days if the worker’s hours fall below the requirement or the employment ends

What does not count as a religious occupation

Mainly administrative or support jobs such as janitors, maintenance workers, clerical staff and fundraisers
Religious study or training on its own (although R-1 workers may study incident to status)

Duration & extensions

Initial admission	Up to 30 months (8 CFR 214.2(r)(4))
Extension	Up to 30 more months, filed by the employer on Form I-129
Maximum	5 years in total in R-1 status (8 CFR 214.2(r)(6))
After the maximum	Must depart; may be readmitted with a new petition, with no set time abroad (since Jan. 16, 2026)
Exceptions to the cap	Seasonal or intermittent work, 6 months or less a year, or part-time commuters who live abroad

Fees

Petitioners are nonprofits, so they pay the reduced USCIS fees. Amounts are from the USCIS fee schedule (G-1055, edition 10/01/26).

Fee	Amount	Who pays	Notes
Form I-129 (R petition)	$510	Religious organization	Same fee for paper and online filing.
Asylum Program Fee	$0	Religious organization	Nonprofit petitioners pay $0 ($600 regular / $300 small employer).
Premium processing (optional)	$1,780	Religious organization	R classification fee tier, effective March 1, 2026.
Visa application fee (R)	$205	Worker	Petition-based category; a reciprocity fee may apply.
Form I-539 (R-2 dependents in the U.S.)	$470 paper / $420 online	Dependent	For extensions or changes of status.

Public Law 119-21 (signed July 4, 2025), section 100007, requires a Visa Integrity Fee of at least $250 when a nonimmigrant visa is issued. As of October 1, 2026, the State Department’s fee schedule (22 CFR 22.1) lists no Visa Integrity Fee and no implementing notice has been published in the Federal Register, so the amount actually collected at visa issuance should be confirmed with the consulate.

Processing time

Premium processing: 15 business days; R-1 is listed among premium-eligible I-129 classifications.
Site inspection: Possible at any stage; USCIS may inspect before or after deciding the petition (USCIS).

Regular processing times vary; check USCIS processing times. A pre-approval site inspection can add time. The State Department also applies its online presence review to R-1 and R-2 visa applicants, as it confirmed in its September 2026 screening announcement.

Application steps

1
Confirm eligibility
Check the 2-year denominational membership, the nature of the religious work, the 20-hour minimum and the organization’s IRS 501(c)(3) letter.
2
Employer files the petition
File Form I-129 with the R-1 Classification Supplement, the attestations, compensation evidence and the fees, naming one worker.
3
Possible site inspection
USCIS may visit the organization’s headquarters or work site, interview officials and review records.
4
Visa or change of status
After approval, the worker applies for an R-1 visa at a U.S. consulate, or is granted R-1 status if changing status inside the U.S. Visa-exempt workers present the approval at entry.
5
Admission and work
The worker is admitted for up to 30 months and may work only for the approved organization.
6
Extend or depart
The employer may file for up to 30 more months. At 5 years the worker must leave, but may return in R-1 status without a set waiting period.

Required documents

From the organization

Currently valid IRS 501(c)(3) determination letter (or group exemption letter and proof of inclusion)
For affiliated organizations: organizing documents, religious literature and a religious denomination certification
Signed employer attestation; detailed job description with daily duties and location
Compensation evidence (budgets, W-2s or tax returns) or proof of an established uncompensated missionary program

About the worker

Proof of at least 2 years of denominational membership
For ministers: certificate of ordination and any required theological education
For extensions: IRS evidence of previous R-1 pay or support

Dependents & family

The spouse and unmarried children under 21 may hold R-2 status for the same period and with the same time limits as the R-1 worker.

R-2 dependents may not work on that basis.

Path to a green card

Under 8 CFR 214.2(r)(15), R-1 workers must intend to leave when their status ends. However, an R petition, admission or extension cannot be denied solely because an immigrant petition or labor certification has been filed or approved.

Step 1

Special immigrant religious worker (EB-4)

Religious organizations can file Form I-360 for qualifying ministers and religious workers; see the EB-4 page.

Step 2

Adjustment or immigrant visa

When a visa number is available, the worker applies to adjust status or for an immigrant visa. EB-4 wait times depend on the Visa Bulletin.

EB-4

Special immigrant (incl. religious workers)

Permanent route for ministers and religious workers.

H-1B

Specialty occupation

For degree-level non-religious roles at religious organizations.

B-1

Business visitor

Covers some short-term missionary activity in limited cases.

J-1

Exchange visitor

Some religious training and exchange programs use J-1.

Common questions

How long can an R-1 worker stay?

Up to 30 months at first and up to 30 more months by extension, for a maximum of 5 years in R-1 status. People who work seasonally, intermittently, or 6 months or less a year are not subject to the cap.

Is a year abroad required after 5 years?

Not anymore. Since January 16, 2026, the worker must leave after reaching the maximum but can be readmitted in R-1 status without spending a set time abroad, if otherwise eligible.

Can an R-1 worker work for more than one church?

Yes, but each employer must file its own approved petition. Working for any other organization without approval is a status violation.

Can R-2 family members work?

No. R-2 spouses and children are not authorized to work on that basis.

Will USCIS visit the organization?

It may. USCIS can do on-site inspections before or after deciding a petition, and passing a pre-approval inspection is a condition of approval.

Official sources

Recent changes

Mar 1, 2026
Premium processing fees adjusted for inflation. A final rule published January 12, 2026 (91 FR 1059) raised premium processing fees effective March 1, 2026; the I-907 fee for R petitions is now $1,780. Source ↗
Jan 16, 2026
One-year foreign residence requirement removed. An interim final rule (91 FR 2049) lets R-1 workers who reach the 5-year maximum be readmitted in R-1 status after departing, with no year abroad first. It took effect on publication; comments closed March 17, 2026. Source ↗
Jan 1, 2026
Proclamation 10998 expands entry restrictions. Signed December 16, 2025 and effective January 1, 2026, it continues the June 2025 restrictions and adds more countries. Nationals of fully restricted countries are barred from entry on any visa unless an exception applies; for partially restricted countries, consular officers are told to shorten the validity of nonimmigrant visas other than B, F, M and J. Source ↗
Oct 1, 2025
Narrower visa interview waivers. Since October 1, 2025, nearly all nonimmigrant visa applicants need an in-person interview. The exceptions are mainly diplomatic and official visa classes and certain B-1/B-2 and H-2A renewals. Consular officers can still require an interview in any case. Source ↗
Jul 4, 2025
Visa Integrity Fee enacted. Public Law 119-21 created a non-waivable Visa Integrity Fee of at least $250, due when a nonimmigrant visa is issued. As of October 1, 2026, the State Department’s fee schedule does not list it. Source ↗
Mar 2, 2023
Policy Manual update on religious-worker site inspections. USCIS updated its guidance on on-site inspections for special immigrant and nonimmigrant religious worker petitions. Source ↗

This page is general reference material compiled from the official sources above and is not legal advice. Eligibility depends on individual facts; rules and fees change, so confirm with the agency before you file. VisaTypes.com is not affiliated with USCIS, the Department of State or any government agency. Spotted an error? Tell us.