Statutory Definition

The R-1 nonimmigrant category is defined in §101(a)(15)(R) of the Immigration and Nationality Act ("INA") as an alien, and the spouse and children of the alien if accompanying or following to join the alien, who:

1. For the two years immediately preceding the time of application for admission, has been a member of a religious denomination having a bona fide nonprofit, religious organization in the United States; and

2. Seeks to enter the United States for a period not to exceed five years to perform the work described in subclause (I), (II), or (III) of paragraph (27)(C)(ii).

INA §101(a)(27(C)(ii) makes reference to: (I) ministers of religion, (II) religious professionals, and (III) other religious workers.

Eligibility Requirements

Prior Membership in the Same Religious Denomination

According to INA §101(a)(15)(R), during the two years immediately preceding the time of application for admission, the R-1 applicant must have been a member of the same religious denomination as the employer in the United States. The term "religious denomination" is defined at 8 CFR §214.2(r)(2) as "a religious group or community of believers having some form of ecclesiastical government, a creed or statement of faith, some form of worship, a formal or informal code of doctrine and discipline, religious services and ceremonies, established places of religious worship, and religious congregations, or comparable indicia of a bona fide religious denomination.''

The term "denomination'' is to be broadly construed. For example, membership in the Roman Catholic church at large satisfies the membership requirement needed for entry to serve a specific Catholic order. An inter-denominational religious organization that is exempt from federal taxation is be treated as a "religious denomination.''

Bona Fide Nonprofit Religious Organization in the United States

The religious denomination must have a "bona fide nonprofit religious organization in the United States." This phrase is defined in 8 CFR §214.2(r)(2) as an organization exempt from taxation as described in section 501(c)(3) of the Internal Revenue Code of 1986 as it relates to religious organizations, or one that has never sought such exemption but establishes to the satisfaction of the Service that it would be eligible therefor if it had applied for tax exempt status.

Purpose for Entering the United States

In further clarification of the three R-1 categories described in INA §101(a)(15)(R), the INS regulations at 8 CFR §214.2(r)(1) state that the alien must be coming to the United States for one of the following purposes:

1. Solely to carry on the vocation of a minister of the religious denomination (ministers);
2. To work for the religious organization at the request of the organization in a professional capacity (religious professionals); or
3. To work for the organization, or a bona fide organization which is affiliated with the religious denomination, at the request of the organization in a religious vocation or occupation (other religious workers).

Each of these categories is discussed below:

Ministers

The term "minister" is defined as an individual duly authorized by a recognized religious denomination to conduct religious worship and to perform other duties usually performed by authorized members of the clergy of that religion. There must be a reasonable connection between the activities performed and the religious calling of the minister. The term does not include a lay preacher not authorized to perform such duties.

Religious Professionals

According to INA §101(a)(15)(R), a religious professional may enter the United States as an R-1 nonimmigrant to work for the bona fide non-profit organization at the organization's request "in a professional capacity in a religious vocation or occupation.'' The term "professional capacity" is defined as an activity in a religious vocation or occupation for which the minimum of a United States baccalaureate degree or a foreign equivalent degree is required.

Although the H-1B category recognizes degree equivalency through work experience alone or a combination of work and experience, this is not permitted for R-1 religious professionals. However, applicants who lack a bachelor degree may still qualify under the other religious worker category.

Other Religious Workers

The "other religious worker" category covers individuals who may not qualify as either ministers of religion or religious professionals. Other religious workers can work for a religious denomination's nonprofit religious organization or a bona fide organization which is affiliated with the religious denomination. The term "Bona fide organization which is affiliated with the religious denomination" is defined at 8 CFR §214.2(r)(2) as an organization which is both closely associated with the religious denomination and exempt from taxation as described in section 501(c)(3) of the Internal Revenue Code of 1986 as it relates to religious organizations.

Meaning of Religious Occupation and Religious Vocation

The terms "religious occupation" and "religious vocation" are used in both the religious professional and other religious worker categories. However, these terms tend to be more important in the case of other religious workers.

The term "religious occupation" is defined at 8 CFR §214.2(r)(2) as an activity which relates to a traditional religious function. Examples of persons in religious occupations include, but are not limited to, liturgical workers, religious instructors, religious counselors, cantors, catechists, workers in religious hospitals or religious health care facilities, missionaries, religious translators, or religious broadcasters. This group does not include janitors, maintenance workers,clerks, fund raisers, or persons involved solely in the solicitation of donations.

The term "religious vocation" means a calling to religious life evidence by the demonstration of commitment practiced in the religious denomination, such as the taking of vows. Examples of persons with a religious vocation include, but are not limited to, nuns, monks, and religious brothers and sisters. While clerical workers are not considered religious workers (since they do not fall within the definition of religious occupation), a nun or a monk working for a qualifying religious organization is engaged in a "religious vocation'' even if their duties are clerical in nature.

Duration of Stay and Extensions

An R-1 nonimmigrant may be admitted for an initial period of up to three years, with extensions in two-year increments for a total of five consecutive years. No extensions are permitted beyond the five-year period unless the alien has resided and been physically present outside the United States for at least one year.

Dependents

The R-1 alien's spouse and unmarried minor children under the age of twenty-on may be admitted under R-2 status, provided that the principal alien will be employed and residing primarily in the United States. R-2 dependents are not permitted to work in the United States.