Written by Meredith W. Barnette, Esq., Partner.
Churches and religious institutions can use certain visa options to sponsor foreign national workers, ensuring that they can fill roles such as ministers, missionaries, religious instructors and more.
The following blog will outline and discuss the available nonimmigrant and immigrant visa categories available for religious workers.
Nonimmigrant visa options for religious workers
R-1 religious worker visa
The R-1 visa is a nonimmigrant visa available to foreign nationals seeking to temporarily enter the United States to work as a minister or to perform a religious vocation or occupation.
Foreign nationals must meet the below criteria in order to be eligible for an R-1 religious worker visa:
- Be a member of a religious denomination that has a bona fide nonprofit religious organization in the U.S.
- Be applying to work for a nonprofit religious organization in the U.S. that is a 501(c)(3) religious organization exempt from taxation.
- Have membership for the past two years in the same type of religious denomination for which they will work in the U.S.
- Be coming to the U.S. to work solely as a minister or in a religious vocation/occupation for at least 20 hours a week.
- Be coming to the U.S. at the request of the R-1 petitioner and to work solely for that petitioner.
R-1 visa petitions can be approved by United States Citizenship and Immigration Services (USCIS) for an initial stay of up to 2.5 years (30 months). An additional 2.5 year-extension (30 months) is usually available, for a total stay of up to five years.
Other nonimmigrant visa options for religious workers
After a five-year period, R-1 religious workers either must return to their home country for at least one year, receive a green card, or switch to another nonimmigrant visa category.
Currently, the EB-4 Certain Religious Workers category, the most frequently used method for religious workers to petition for a green card, is retrogressed and backlogged, which could require R-1 visa holders to seek extra employment authorization in a different nonimmigrant category if they wish to remain in the United States. Alternative nonimmigrant visa options for religious workers include:
H-1B visas
The H-1B visa may be available as an alternative nonimmigrant option for religious workers, and/or as an option for a classification change if extended work authorization is needed because of the green card backlog.
The H-1B visa is generally available for U.S. employers to fill a “specialty occupation” with a qualified foreign national. A specialty occupation is one that generally requires a bachelor’s degree or higher, or its equivalent, as a minimum, entry-level credential.
A legislatively established statutory cap limits approvals of new H-1B petitions in a fiscal year to 85,000, however, certain institutions and foreign nationals are “cap-exempt” and may be eligible to file an H-1B petition not subject to the numerical limits. This could include religious institutions, such as dioceses, churches, interfaith organizations, service groups and more.
In order to qualify for cap-exemption, the organization must first show it is considered a not-for-profit, a category in which all R-1 religious organization employers fit into. The organization then must prove it is affiliated with a college or university. Showing such affiliation allows the R-1 religious workers employed by the organization to switch to the H-1B visa classification without concern about the cap for the applicable fiscal year.
Further reading: Running out of time on an R-1 religious worker visa? Here are some alternative options and strategies
B-1 visas
B-1 temporary business visitor visas could be available for religious organizations for limited purposes, such as short-term missionary or volunteer work.
There are five fundamental requirements to receive a visa in the B category:
- The foreign national is entering the U.S. for a stay of limited duration;
- The foreign national intends to depart the U.S. at the end of their stay;
- The foreign national must continue to maintain a foreign residence of which they have no intention of abandoning;
- The foreign national has made adequate financial arrangements to travel to, in and from the U.S.; and
- The foreign national will engage solely in authorized business or tourism activities while in the U.S.
Visitors with B visas may be admitted for the period needed to transact their business, not to exceed one year. However, it is rare for a business visitor to be admitted for more than six months. Once in the U.S., the visitor may apply for an extension of stay, which, generally, will be granted upon a showing of necessity and non-violation of the conditions of the visa.
Immigrant visas for religious workers
EB-4 Special Immigrant Religious Worker Visa
The most commonly used pathway for religious workers to petition for a green card is the EB-4 Special Immigrant Religious Worker Visa. To be eligible to file in the EB-4 Special Immigrant Religious Worker Visa category, a foreign national must:
- Have been continuously employed in a full-time religious vocation or occupation for at least two years prior to filing the petition.
- Have been a member of the same type of religious denomination as the sponsoring employer for the immediate preceding two years.
- Be sponsored by a bona fide non-profit religious organization in the U.S.
- Be coming to the U.S. to work in a compensated religious full-time position (with some limited exceptions).
The sponsoring religious organization must file the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with USCIS, as well as provide evidence of tax-exempt status and its ability to financially employ the foreign national.
Applying in the EB-4 category allows the foreign national to bypass the PERM Labor Certification, which is a major benefit, as that is often the longest and most costly part of the green card process. The foreign national’s spouse and dependent children (21 years of age or younger) can also receive green cards in the EB-4 category.
However, as noted above, the EB-4 Special Immigrant Religious Worker Visa category has had extensive delays in the Visa Bulletin beginning in FY2024 (Oct. 2023 – Sept. 2024) and continuing into FY2025 (Oct. 2024 – Sept. 2025).
For instance, the EB-4 Certain Religious Workers Dates For Filing chart was retrogressed to February 2021 in the March 2025 Visa Bulletin, and the Department of State announced in late February that all available immigrant visas in the category have already been issued for FY2025. This means that no more green cards will be distributed to EB-4 Religious Workers until the new fiscal year begins on Oct. 1.
Because of these backlogs, religious workers may need to explore applying for a green card in one of the other employment-based classifications.
EB-2 and EB-3 categories
Churches and other religious organizations could also consider sponsoring foreign national workers in either the EB-2 and EB-3 categories because of the retrogression and delays in the EB-4 Religious Workers category.
The EB-2 category is available for jobs that require an advanced degree or a bachelor’s degree and at least five years of experience, while the EB-3 classification is for “skilled workers, professional, or other workers,” meaning jobs that require less education and experience than the EB-2 category.
The foreign national must meet both the education and any experience required for the job before being employed by the sponsoring religious organization. In contrast to the EB-4 Religious Workers classification, both of these categories usually require a PERM Labor Certification. But, generally speaking, they are both less retrogressed for all countries of chargeability except China (mainland born) and India.
Conclusion
Sponsoring workers for U.S. visas allows churches and other religious organizations to employ dedicated foreign nationals to serve their communities. Understanding the immigration process is key to religious organizations avoiding delays and disruptions to their international workforce. These organizations should consider consulting with experienced immigration counsel to analyze and develop best practices and strategies for sponsoring foreign national religious workers.