The R-1 religious worker process can be overwhelming, and with so many different documents it is difficult to know which documents are important and when you will need a certain document. A foreign national that is in the R-1 religious worker process or is currently in R-1 status in the United States will receive the following documents: I-797B Notice of Action (I-129 Petition Approval Notice), R-1 visa, and I-94 Record. Let’s take a look at each document below:

I-797B Notice of Action

The I-797B Notice of Action, or I-129 Petition Approval Notice, is issued by U.S. Citizenship and Immigration Service (USCIS) when the I-129 petition that was submitted by the religious organization on the foreign national’s behalf has been approved. This notice is not a visa and cannot be used in place of a visa. This document, however, is used to apply for an R-1 visa and must also be presented to U.S. Customs and Border Protection (CBP) when requesting to be admitted to the United States.

R-1 Visa

The R-1 visa is issued by a U.S. embassy or consulate in the foreign national’s home country. To obtain an R-1 visa a foreign national must submit an application electronically via the Department of State’s Consular Electronic Application Center site, pay any associated visa fees, and attend an interview. If the visa application is approved, the visa will be stamped into the foreign national’s passport. The validity period of each visa varies by country. Keep in mind, the visa does not need to be valid while the foreign national is in the United States. An R-1 visa is only needed if a foreign national is traveling internationally and wants to return to the United States or is already outside of the United States and wants to enter.

I-94 Record

The I-94 record is the document that shows proof of status. Many religious workers and their employers believe the I-129 petition approval notice proves the religious worker has R-1 status in the United States, but that is not the case. It is the I-94 record that shows which legal category the foreign national has been admitted to and the length of time they may remain in the United States. This document is issued by CBP and must be retrieved by the foreign national upon their entry to the United States.

Many foreign nationals remember the time when CBP would stamp their passports to document their entry, but CBP has stopped this practice. Instead of a passport stamp, CBP generates an electronic record, the I-94, which contains the same information as the passport stamp including the foreign national’s class of admission, status, and length of stay. To retrieve the record the foreign national should visit this link https://i94.cbp.dhs.gov/I94/#/home and click on “Get Most Recent I-94.” It is important that each foreign national retrieve their I-94 record every time they enter the United States as the record is updated upon each entry and prior entries are not saved. It is recommended that the foreign national print and keep a copy of the record after entering the United States.

So when should a foreign national use each document? Let’s look at the following scenarios below:

• When applying for an R-1 visa — If a foreign national is applying for an R-1 visa, they will need the I-797B, Notice of Action, to complete the online application and at the time of their interview.
• When requesting to be admitted to the United States — A foreign national requesting to be admitted to the United States will need to show CBP a valid R-1 visa and their I-797B, Notice of Action. This will ensure that CBP admits the foreign national to the United States in the correct status.
• When entering the United States — A foreign national that has been admitted to the United States will need to retrieve their I-94 record to prove their R-1 status. The I-94 record may be required for employment verification, social security number application, and applying for a state driver’s license.

In conclusion, when thinking about which immigration documents are important and when each document is needed, remember to keep copies of all of the immigration documents received. Also, remember to review and read through each document. It is likely that the document will tell you when it is applicable. If you find yourself confused or overwhelmed, take a look at the scenarios listed above for a guide.