R-1 status offers an excellent opportunity for ministers and non-ministers in religious vocations and occupations to come to the United States for the purpose of performing religious work for a temporary period of time. Understanding that R-1 status is temporary is crucial for long-term planning.

What is R-1 status?

R-1 status is granted to foreign ministers and non-ministers in religious vocations and occupations who come to the United States to perform qualifying religious work for an eligible religious organization on a part-time or full-time basis.¹ If granted, the status allows the religious worker to live and work in the United States.

This authorization is generally granted for an initial period of admission of up to 30 months and subsequent extensions for up to an additional 30 months. The total period of stay in the United States in R-1 classification cannot exceed five years (60 months). Why is R-1 status temporary?

The U.S. government considers the R-1 classification as a “non-immigrant” status. This means that it is specifically intended for those who will work in the U.S. on a temporary basis.

Non-immigrant: Applicants for R-1 status must demonstrate that they intend to depart the United States after the completion of their religious work. They must show that they have strong ties to their home country, such as family, property, or a permanent job waiting for them upon their return.²

Limits on Extensions: After the initial 30 months of religious work under R-1 status, the R-1 status may be extended, with a total maximum stay of five years. After this period, the individual must leave the United States and remain outside the country for at least one year before they are eligible to reapply for a new period of R-1 status.³

What are the options?

When the five-year limit on R-1 status is reached, the religious worker has several options,:

1. Recapture of Time
   U.S. Citizenship and Immigration Services (USCIS) policy and the revised Adjudicator’s Field Manual Chapter 34.5(m) states that USCIS only counts time physically spent in the United States in the R-1 nonimmigrant status towards the maximum 5 years of authorized stay. “When requesting an extension, the petitioner, on behalf of the R-1 nonimmigrant, may request that full calendar days spent outside the United States during the period of petition validity be recaptured and added back to his or her remainder of the total maximum period of stay, regardless of whether the R-1 nonimmigrant is currently in the United States or abroad and regardless of whether he or she currently holds R-1 nonimmigrant status.”⁴
2. Depart the United States
   Once the religious worker reaches the five year cap, the religious worker should depart the United States prior to the expiration of their R1 status. As a reminder, the religious worker may be eligible for a new period of R-1 status after spending at least one year outside of the United States.
3. Applications for Permanent Residence
   While R-1 status itself is temporary, certain religious workers may qualify for permanent residency (a Green Card) under the special immigrant religious worker category (EB-4). To be eligible, the applicant must meet specific requirements. The valid submission of Form I-485 for adjustment of status would grant the religious with authorization to remain in the United States if their R1 status is set to expire. This alternative is contingent on many factors of eligibility for permanent residence, including, but not limited to, an approved form I-360, a current priority date, and a properly filed form I-485 for adjustment of status. To determine eligibility for permanent residency we recommend the religious worker (employee), and the petitioner (employer) seek legal advice from an experienced immigration attorney.

   Nonimmigrant religious workers must maintain the intent to depart the United States when their nonimmigrant stay expires. At the same time, “USCIS will not deny a nonimmigrant petition . . .solely based on a filed immigrant visa petition.⁵” If the religious worker is granted permanent residency, the religious worker will then have authorization to remain in the United States permanently.

4. Change of Status
   In some cases, R-1 holders may be able to change their immigration status if they qualify for a different visa category. For example, they might move to a student (F-1) or work (H-1B) visa if they meet the criteria. However, such changes require separate applications and approval by USCIS and a thorough legal analysis is recommended.

Conclusion

Having a clear understanding of the temporary nature of R-1 status allows both the worker and the organization to plan for the future. R-1 status offers an excellent opportunity for religious workers to serve in the United States, but it is designed to be temporary. It is important for both religious workers and their sponsoring organizations to understand the time limits and plan accordingly so the religious workers can make the most of their time in the United States and ensure that their immigration status aligns with their long-term plans.

Disclaimer: Immigration laws are case specific and may change. To be up to date with the latest developments consult with an expert immigration attorney.

¹ 8 CFR 214.2(r)(1) Refer to the Article “R-1 Status vs. R-1 Visa (Which is Which)” by attorney Graciela Mateo, to better understand the difference between R1 Status and R1 Visa.
² For information on how to prepare for an R-1 Visa Interview, consider the article “Consular R-1 Visa Interviews Preparation” by attorney Kate Adams.
³ 8 CFR 214.2(r)(5); 8 CFR 214.2(r)(6)
⁴ USCIS Policy Manual Volume 2, Part O, Chapter 7
⁵ USCIS, R-1 Nonimmigrant Religious Workers, Dual Intent (https://www.uscis.gov/working-in-the-united-states/temporary-workers/r-1-nonimmigrant-religious-workers) (Revised 09/11/2024).