Can an Immigrant Apply for an R-1 Visa in the U.S.?

Yes — an immigrant can apply for an R-1 visa either from inside or outside the United States, as long as they meet all eligibility requirements. The R-1 visa is designed for religious workers who want to work for a U.S. nonprofit religious organization as a minister or in another religious occupation.

Who Can Qualify for an R-1 Visa?

To qualify for an R-1 visa, applicants must meet the following requirements:

• Membership: You must have been a member of the same religious denomination for at least two years immediately before your application.

• Job Offer: You must receive a job offer from a qualifying nonprofit religious organization in the U.S.

• Role: You must work as a minister or in another religious vocation or occupation for at least 20 hours per week.

• Petition: Your U.S. employer must file Form I-129 (Petition for a Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS) on your behalf.

  
  

Applying for an R-1 Visa from Inside the U.S.

If you are already in the United States under another lawful nonimmigrant status (for example, on an F-1 student visa, B-2 visitor visa, or H-1B work visa), you may be eligible to change your status to R-1 without leaving the country.

Here’s how it works:

1. Your U.S. religious employer files Form I-129 with USCIS.

2. You must maintain lawful status until the change of status is approved.

3. Once approved, you will be granted R-1 status—allowing you to work for the petitioning organization.

⚠️ Note: If you apply from inside the U.S., you will receive R-1 status, not an R-1 visa stamp. You’ll only receive the visa stamp if you later travel abroad and apply at a U.S. consulate.

Applying for an R-1 Visa from Outside the U.S.

If you are currently outside the U.S. or are not in lawful status, you must apply for the R-1 visa abroad.

The process is as follows:

1. Your U.S. religious organization files Form I-129 with USCIS.

2. Once the petition is approved, you’ll receive an approval notice (Form I-797).

3. You’ll then use this approval notice to apply for the R-1 visa at a U.S. consulate in your home country.

After your visa is issued, you can travel to the U.S. and begin your religious work for the sponsoring organization.

Important Things to Keep in Mind

• If you entered the U.S. without authorization (such as crossing the border without inspection), you cannot apply for or change to R-1 status inside the country. You must apply abroad after USCIS approves your petition.

• If you overstayed a prior visa, leaving the U.S. to apply abroad might trigger unlawful presence bars, which could make you temporarily ineligible to return.

• Ministers and certain religious workers who hold R-1 status may later qualify for a green card through the EB-4 Special Immigrant Religious Worker program.

An immigrant can apply for an R-1 religious worker visa either while in the U.S. or from abroad — the key is maintaining lawful status and meeting the religious, organizational, and job-related requirements. Whether you are a minister, missionary, or other religious worker, this visa provides a valuable pathway to serve your faith community in the United States.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.