R-1 Visa: Religious Worker Requirements, Maximum Stay, Site Inspections and Fees

An R-1 nonimmigrant is an alien who is coming to the United States temporarily to work at least part time (an average of at least 20 hours per week) as a minister or in a religious vocation or occupation and be employed by a:

Non-profit religious organization in the United States;

Religious organization that is authorized by a group tax exemption holder to use its group tax exemption; or

Non-profit organization which is affiliated with a religious denomination in the United States.

To qualify, you must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least two years immediately before filing the petition.

(1) To be approved for temporary admission to the United States, or extension and maintenance of status, for the purpose of conducting the activities of a religious worker for a period not to exceed five years, an alien must:

(i) Be a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least two years immediately preceding the time of application for admission;

(ii) Be coming to the United States to work at least in a part time position (average of at least 20 hours per week);

(iii) Be coming solely as a minister or to perform a religious vocation or occupation as defined in paragraph (r)(3) of this section (in either a professional or nonprofessional capacity);

(iv) Be coming to or remaining in the United States at the request of the petitioner to work for the petitioner; and

(v) Not work in the United States in any other capacity, except as provided in paragraph (r)(2) of this section.

Bona fide non-profit religious organization in the United States means a religious organization exempt from taxation as described in section 501(c)(3) of the Internal Revenue Code of 1986, subsequent amendment or equivalent sections of prior enactments of the Internal Revenue Code, and possessing a currently valid determination letter from the Internal Revenue Service (IRS) confirming such exemption.

Bona fide organization which is affiliated with the religious denomination means an organization which is closely associated with the religious denomination and which is exempt from taxation as described in section 501(c)(3) of the Internal Revenue Code of 1986, or subsequent amendment or equivalent sections of prior enactments of the Internal Revenue Code, and possessing a currently valid determination letter from the IRS confirming such exemption.

Denominational membership means membership during at least the two-year period immediately preceding the filing date of the petition, in the same type of religious denomination as the United States religious organization where the alien will work.

(4) Requirements for admission/change of status; time limits—(i) Principal applicant (R-1 nonimmigrant). If otherwise admissible, an alien who meets the requirements of section 101(a)(15)(R) of the Act may be admitted as an R-1 alien or changed to R-1 status for an initial period of up to 30 months from date of initial admission. If visa-exempt, the alien must present original documentation of the petition approval.

(5) Extension of stay or readmission. An R-1 alien who is maintaining status or is seeking readmission and who satisfies the eligibility requirements of this section may be granted an extension of R-1 stay or readmission in R-1 status for the validity period of the petition, up to 30 months, provided the total period spent in R-1 status does not exceed a maximum of 5 years. A Petition for a Nonimmigrant Worker to request an extension of R-1 status must be filed by the employer with a supplement prescribed by USCIS containing attestations required by this section, the fee specified in 8 CFR part 106, and the supporting evidence, in accordance with the applicable form instructions.

(6) Limitation on total stay. An alien who has spent five years in the United States in R-1 status may not receive an extension of stay in the United States as an R-1 nonimmigrant. The alien must depart the United States after reaching the maximum five-year admission period of being physically present in the United States to be eligible to be readmitted as an R-1 nonimmigrant. There is no minimum period of time that the alien must remain outside of the United States after reaching the maximum five-year admission period before seeking readmission as an R-1 nonimmigrant, provided all other eligibility requirements are met. The limitations in this paragraph will not apply to R-1 aliens who did not reside continually in the United States and whose employment in the United States was seasonal or intermittent or was for an aggregate of six months or less per year. In addition, the limitations will not apply to aliens who reside abroad and regularly commute to the United States to engage in part-time employment. To qualify for this exception, both the petitioner and the alien must provide clear and convincing proof that the alien qualifies for such an exception. Such proof consists of evidence such as arrival and departure records, transcripts of processed income tax returns, and records of employment abroad.

We may grant R-1 status for an initial period of admission for up to 30 months and subsequent extensions for up to an additional 30 months. Your total period of stay in the United States in R-1 classification cannot exceed five years (60 months). We only count time spent physically in the United States in valid R-1 status toward the maximum period of stay. See the USCIS Policy Manual Volume 2, Part O, Chapter 7.

SUMMARY: This interim final rule (IFR) amends U.S. Department of Homeland Security (DHS) regulations to remove the requirement that R-1 religious workers who have reached the maximum period of stay must reside abroad and be physically present outside the United States for one year before being eligible for readmission in R-1 status after departing from the United States upon reaching the maximum admission period. The purpose of this change is to promote stability and minimize disruptions to the vital services that R-1 religious workers provide to U.S. churches, mosques, synagogues, and other bona fide nonprofit religious organizations. DATES: This IFR is effective on January 16, 2026. Written comments and related material must be submitted on or before March 17, 2026.

DHS issued an interim final rule that changed the requirements for R-1 nonimmigrant religious workers. If an R-1 nonimmigrant religious worker has exhausted their statutory five-year maximum period of stay, they no longer need to reside and be physically present outside the United States for one year before they can seek readmission in R-1 status. While they are still required to depart the United States at the end of the five-year maximum admission period, there is no longer a minimum amount of time they must reside and be physically present outside the United States before they seek readmission in R-1 status.

A prospective or existing U.S. employer must file Form I-129, Petition for a Nonimmigrant Worker, on behalf of an alien seeking to enter the United States as a nonimmigrant minister, or a religious worker in a religious vocation or occupation.

(16) Inspections, evaluations, verifications, and compliance reviews. The supporting evidence submitted may be verified by USCIS through any means determined appropriate by USCIS, up to and including an on-site inspection of the petitioning organization. The inspection may include a tour of the organization's facilities, an interview with the organization's officials, a review of selected organization records relating to compliance with immigration laws and regulations, and an interview with any other individuals or review of any other records that the USCIS considers pertinent to the integrity of the organization. An inspection may include the organization headquarters, or satellite locations, or the work locations planned for the applicable employee. If USCIS decides to conduct a pre-approval inspection, satisfactory completion of such inspection will be a condition for approval of any petition.

Under the regulations at 8 CFR 214.2(r)(16), USCIS may conduct on-site inspections either before or after a final decision is made on the petition. If we perform an inspection before a final decision is made, successfully completing the inspection will be a condition for us approving your petition.

The religious organization must provide the physical address where the beneficiary will work, even if that address is not the same as the mailing address, so we may conduct a site inspection if we determine it is appropriate to verify information and supporting evidence in the petition.

In addition, we may inspect the beneficiary’s work location to verify the beneficiary’s work hours, compensation, and duties. We may also complete a post-adjudication inspection in cases of suspected non-compliance with the terms of the visa classification or where the petitioning entity has undergone substantial changes since its last filing. We closely monitor all on-site inspections to ensure program integrity and to prevent undue delays in the adjudication process.

For information about petitioning for lawful permanent residency for a religious worker, see the Employment-Based Immigration: Fourth Preference EB-4 page.

A special immigrant religious worker is a alien who is coming to the United States to work full time (an average of at least 35 hours per week) in a compensated position as a minister or in a religious vocation or occupation and be employed by a:

Non-profit religious organization in the United States;

Religious organization that is authorized by a group tax exemption holder to use its group tax exemption; or

Non-profit organization which is affiliated with a religious denomination in the United States.

To qualify, you must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least two years immediately before filing the petition. In addition, you must have been working in one of the positions described above after the age of 14, either abroad or in the United States, continuously for at least two years immediately before the filing of a petition with USCIS. The prior religious work does not need to correspond precisely to the type of work you will perform. A break in the continuity of the work during the preceding two years will not affect eligibility so long as:

You were still employed as a religious worker;

The break did not exceed two years; and

The nature of the break was for further religious training or sabbatical. However, you must have been a member of the petitioner’s denomination throughout the two years of qualifying employment.

On Feb. 3, 2026, the president signed into law H.R. 7148, extending the EB-4 non-minister special immigrant religious worker program through Sept. 30, 2026. The law allows these workers to immigrate or adjust to permanent resident by that date, also known as the sunset date. Non-minister special immigrant religious workers include those within a religious vocation or occupation engaged in either a professional or non-professional capacity. This date on which the program will end also applies to accompanying spouses and children of these non-minister special immigrant religious workers.