Skip to main content
U.S. flag
An official website of the United States government    Here's how you know
Español
Multilingual Resources
Official Government Website

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Website

Secure .gov websites use HTTPS
A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Homeland Security Seal, U.S. Citizenship and Immigration Services
 
Sign In  
Access USCIS online services.
  • Sign In
  • Create Account
Sign In
Create Account
  • Topics

    • Family

      • Family of Green Card Holders (Permanent Residents)
      • Family of Refugees and Asylees
      • Family of U.S. Citizens
    • Adoption

      • Before You Start
      • Immigration through Adoption
    • Military

      • Citizenship for Military Family Members
      • Naturalization Through Military Service
    • Humanitarian

      • Humanitarian Parole
      • Refugees and Asylum
      • Temporary Protected Status
    • Visit the U.S.

      • Change My Nonimmigrant Status
      • Extend Your Stay
    • Working in the United States

      • Permanent Workers
      • Temporary (Nonimmigrant) Workers
    • Avoid Scams

      • Common Scams
      • Find Legal Services
      • Report Immigration Scams
    • Careers at USCIS

      • Career Opportunities
      • Special Hiring Programs
  • Forms

    • Most Accessed Forms

      • I-485, Application to Register Permanent Residence or Adjust Status
      • I-765, Application for Employment Authorization
      • I-90, Application to Replace Permanent Resident Card (Green Card)
      • N-400, Application for Naturalization
    • All Forms

    • File Online

    • Family Based Forms

      • I-129F, Petition for Alien Fiancé(e)
      • I-130, Petition for Alien Relative
      • I-360, Petition for Amerasian, Widow(er), or Special Immigrant
      • I-600, Petition to Classify Orphan as an Immediate Relative
      • I-751, Petition to Remove Conditions on Residence
    • Employment Based Forms

      • I-9, Employment Eligibility Verification
      • I-129, Petition for a Nonimmigrant Worker
      • I-140, Immigrant Petition for Alien Workers
      • I-526, Immigrant Petition by Standalone Investor
      • I-539, Application to Extend/Change Nonimmigrant Status
    • Humanitarian Based Forms

      • I-134A, Online Request to be a Supporter and Declaration of Financial Support
      • I-589, Application for Asylum and for Withholding of Removal
      • I-730, Refugee/Asylee Relative Petition
      • I-821, Application for Temporary Protected Status
  • Newsroom

    • All News

      • Alerts
      • Fact Sheets
      • News Releases
    • Media Contacts

    • Multimedia Gallery

    • Social Media Directory

    • Speeches, Statements, Testimony

  • Citizenship

    • Learners

      • Apply for Citizenship
      • Learn About Citizenship
      • Naturalization Test and Study Resources
    • Educators

      • Educational Products for Educators
      • Resources for Educational Programs
      • Teacher Training Sessions
    • Organizations

      • Outreach Tools
      • Civic Integration
      • Interagency Strategy for Promoting Naturalization
      • Naturalization-Related Data and Statistics
    • Grants

      • Learn About the Citizenship and Integration Grant Program
      • Success Stories from Grant Recipients
  • Green Card

    • Green Card Processes and Procedures

      • Adjustment of Status
      • After We Grant Your Green Card
      • Employment Authorization Document
      • Visa Availability and Priority Dates
    • Green Card Eligibility Categories

    • How to Apply for a Green Card

    • Replace Your Green Card

    • While Your Green Card Application Is Pending with USCIS

  • Laws

    • Legislation

      • Immigration and Nationality Act
    • Class Action, Settlement Notices and Agreements

    • Unlawful Presence and Inadmissibility

    • Policy Manual

    • Regulations

    • Administrative Appeals

  • Tools

    • Self-Help Tools

      • Check Case Processing Times
      • Case Status Online
      • Change of Address
      • E-Request
      • Password Resets and Technical Support
    • Website Resources

      • Archive
      • A-Z Index
      • Website Policies
    • Additional Resources

      • Explore my Options
      • Immigration and Citizenship Data
      • Multilingual Resource Center
      • USCIS Tools and Resources
  • Contact us
  • Multilingual Resources
Policy Manual
Contents
Updates
INA
8 CFR
Glossary
Feedback
 
 
Book outline for Policy Manual
  • Policy Manual
    • Search
    • Updates
    • Table of Contents
    • Volume 1 - General Policies and Procedures
    • Volume 2 - Nonimmigrants
      • Part A - Nonimmigrant Policies and Procedures
      • Part B - Diplomatic and International Organization Personnel (A, G)
      • Part C - Visitors for Business or Tourism (B)
      • Part D - Exchange Visitors (J)
      • Part E - Cultural Visitors (Q)
      • Part F - Students (F, M)
      • Part G - Treaty Traders and Treaty Investors (E-1, E-2)
      • Part H - Specialty Occupation Workers (H-1B, E-3)
      • Part I - Temporary Agricultural and Nonagricultural Workers (H-2)
      • Part J - Trainees (H-3)
      • Part K - Media Representatives (I)
      • Part L - Intracompany Transferees (L)
      • Part M - Nonimmigrants of Extraordinary Ability or Achievement (O)
      • Part N - Athletes and Entertainers (P)
      • Part O - Religious Workers (R)
        • Chapter 1 - Purpose and Background
        • Chapter 2 - General Requirements
        • Chapter 3 - Petitioner Requirements
        • Chapter 4 - Beneficiary Requirements
        • Chapter 5 - Adjudication
        • Chapter 6 - Admissions, Extensions of Stay, and Changes of Status
        • Chapter 7 - Period of Stay
      • Part P - NAFTA Professionals (TN)
      • Part Q - Nonimmigrants Intending to Adjust Status (K, V)
    • Volume 3 - Humanitarian Protection and Parole
    • Volume 4 - Refugees and Asylees
    • Volume 5 - Adoptions
    • Volume 6 - Immigrants
    • Volume 7 - Adjustment of Status
    • Volume 8 - Admissibility
    • Volume 9 - Waivers and Other Forms of Relief
    • Volume 10 - Employment Authorization
    • Volume 11 - Travel and Identity Documents
    • Volume 12 - Citizenship and Naturalization
Breadcrumb
  1. Home
  2. Policy Manual
  3. Volume 2 - Nonimmigrants
  4. Part O - Religious Workers (R)
  5. Chapter 4 - Beneficiary Requirements

Chapter 4 - Beneficiary Requirements

Content navigation tabs
  • Guidance
  • Resources (6)
  • Appendices (0)
  • Updates (5)
  • History (0)

To qualify for a temporary nonimmigrant religious worker (R-1) classification, the beneficiary must:

  • Be a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least the 2 years immediately preceding the filing of the petition;

  • Be coming to the United States to work at least in a part-time position (at least 20 hours per week);

  • Be coming solely as a minister or to perform a religious vocation or occupation;

  • Be coming to or remaining in the United States at the request of the petitioner to work for the petitioner; and

  • Not work in the United States in any capacity not approved in a DHS-approved petition.[1] 

The beneficiary must also intend to depart the United States upon the expiration or termination of his or her nonimmigrant status. However, a nonimmigrant petition, application for initial admission, change of status, or extension of stay in R classification may not be denied solely on the basis of a filed or an approved request for permanent labor certification or a filed or approved immigrant visa preference petition.[2]

A. Qualifying Employment

The beneficiary must be coming to engage in a religious vocation or in a religious occupation, or as a minister of religion.

Religious Worker[3]

For the purpose of the R-1 nonimmigrant classification, a religious worker is someone who:

  • Is a member of the religious denomination that has a bona fide non-profit religious organization in the United States, and was a member in the same type of religious denomination for at least 2 years immediately preceding the time of application for admission;

  • Is coming to the United States to work at least part-time (at least 20 hours per week);

  • Is coming to the United States solely to perform a religious vocation or occupation in either a professional or nonprofessional capacity, or as a minister;

  • Is coming to or remaining in the United States at the request of the petitioner to work for the petitioner;

  • Will not work in the United States in any capacity other than that of a religious worker; and

  • Is engaged in and, according to the denomination's standards, qualified for a religious occupation or vocation, whether or not in a professional capacity, or as a minister.

Religious Vocation

A religious vocation is a formal lifetime commitment through vows, investitures, ceremonies, or similar indications to a religious way of life. People within a religious vocation dedicate their lives to religious practices and functions, as distinguished from secular members of a denomination.[4] The regulations state that the religious denomination must have a class of persons whose lives are dedicated to religious practices and functions, as distinguished from the secular members of the religion.

Religious Occupation[5]

In order for USCIS to consider the employment a religious occupation, the title of the position is not determinative; rather, USCIS looks at whether the occupation meets all of the following requirements:

  • The duties must primarily relate to a traditional religious function and be recognized as a religious occupation within the denomination;

  • The duties must be primarily related to, and must clearly involve, inculcating (teaching and instilling in others) or carrying out the religious creed and beliefs of the denomination;

  • The duties do not include positions which are primarily administrative or supportive in nature, although limited administrative duties that are only incidental to religious functions are permissible;[6] and

  • Religious study or training for religious work does not constitute a religious occupation, but a religious worker may pursue study or training, incident to status, while in the United States as an R-1 nonimmigrant.

Minister[7]

For the purpose of R-1 nonimmigrant classification, a minister is someone who:

  • Is fully authorized by and trained in the religious denomination to conduct religious worship, and perform other duties usually performed by authorized members of the clergy of the denomination;

  • Performs activities rationally related to being a minister;

  • Works solely as a minister in the United States which may include administrative duties incidental to the duties of a minister; and

  • Is not a lay preacher or a person not authorized to perform clergy’s duties.

B. Religious Denomination

A religious denomination is a religious group or community of believers that have a common type of ecclesiastical government that governs or administers and includes one or more of the following:

  • A recognized common creed or statement of faith shared among the denomination’s members;

  • A common form of worship;

  • A common formal code of doctrine and discipline;

  • Common religious services and ceremonies;

  • Common established places of religious worship or religious congregations; or

  • Comparable indications of a bona fide religious denomination.[8]

The R-1 nonimmigrant beneficiary must have at least 2 years, immediately preceding the filing of the petition, of membership in a religious denomination.[9] Such membership must be in the same type of religious denomination in which the beneficiary will work in the United States.[10]

C. Nonimmigrant Intent

To be eligible for R-1 nonimmigrant classification, the beneficiary must maintain an intention to depart the United States upon the expiration or termination of such R-1 nonimmigrant status, if granted.[11] However, a nonimmigrant petition, application for initial admission, change of status, or extension of stay in R-1 nonimmigrant classification may not be denied solely based on the beneficiary’s pursuit of permanent residence in the United States (for example, evidence of a filed or approved request for permanent labor certification or immigrant petition on the beneficiary’s behalf).[12]

D. Documentation and Evidence

The petitioner must submit evidence to establish that the beneficiary meets the requirements for R-1 nonimmigrant classification.[13]

Ministers

For a beneficiary who is a minister, the petitioner must submit the following:

  • A copy of the beneficiary’s certificate of ordination or similar documents;

  • Documents reflecting acceptance of the beneficiary’s qualifications as a minister in the religious denomination; and

  • Evidence that the beneficiary has completed any course of prescribed theological education at an accredited theological institution normally required or recognized by that religious denomination, including transcripts, curriculum, and documentation that establishes that the theological education is accredited by the denomination.[14]

For denominations that do not require a theological education, rather than document such education, the petitioner must instead submit evidence of:

  • The denomination’s requirements for ordination to minister;

  • Duties allowed to be performed by virtue of ordination;

  • The denomination’s levels of ordination, if any; and

  • The beneficiary’s completion of the denomination’s requirements for ordination.[15]

Religious Vocations and Occupations

For a beneficiary who will work in a religious vocation or occupation, the petitioner must submit evidence of the following:

  • The beneficiary is entering the United States to perform a religious vocation or occupation, defined above (in either a professional or nonprofessional capacity);[16]

  • The beneficiary is qualified for the religious occupation or vocation according to the denomination’s standards.[17]

E. Family Members

1. Initial Petition

The spouse and unmarried children under 21 years old of a principal R-1 nonimmigrant may qualify for dependent R-2 status if their primary purpose in coming to the United States is to join or accompany the principal R-1 nonimmigrant.[18]

In general, the spouse and children are granted R-2 nonimmigrant status for the same period of time and subject to the same conditions as the principal R-1 nonimmigrant, regardless of the amount of time the spouse and children may already have spent in the United States in R-2 status.[19]

2. Request to Extend or Change Nonimmigrant Status

R-2 dependents may request an extension of stay or change of status by filing an Application to Extend/Change Nonimmigrant Status (Form I-539).

3. Employment Authorization Prohibited

An R-2 dependent may not accept employment in the United States.[20]

Footnotes


[^ 1] See 8 CFR 214.2(r)(1).

[^ 2] See 8 CFR 214.2(r)(15).

[^ 3] See 8 CFR 214.2(r)(1).

[^ 4] Examples of persons practicing religious vocations include nuns, monks, and religious brothers and sisters. See definition of religious vocation in 8 CFR 214.2(r)(3).

[^ 5] See 8 CFR 214.2(r)(3).

[^ 6] Examples of support positions are janitors, maintenance workers, clerical employees, fund raisers, persons solely involved in the solicitation of donations, or similar positions. See (C) in the definition of religious occupation in 8 CFR 214.2(r)(3).

[^ 7] See 8 CFR 214.2(r)(3).

[^ 8] See 8 CFR 214.2(r)(3).

[^ 9] See 8 CFR 214.2(r)(1)(i).

[^ 10] See definition of denominational membership in 8 CFR 214.2(r)(3).

[^ 11] See 8 CFR 214.2(r)(15).

[^ 12] See 8 CFR 214.2(r)(15).

[^ 13] See 8 CFR 103.2(b)(1). See list of the general eligibility requirements for R-1 status at the beginning of this chapter.

[^ 14] See 8 CFR 214.2(r)(10)(i)-(ii).

[^ 15] See 8 CFR 214.2(r)(10)(iii)(A)-(D).

[^ 16] See 8 CFR 214(r)(1)(iii).

[^ 17] See definition of religious worker in 8 CFR 214.2(r)(3).

[^ 18] See INA 101(a)(15)(R). See 8 CFR 214.2(r)(4)(ii)(C).

[^ 19] See 8 CFR 214.2(r)(4)(ii)(A).

[^ 20] See 8 CFR 214.2(r)(4)(ii)(B).

Resources

Legal Authorities

8 CFR 214.2(r) - Religious workers

INA 101(a)(15)(R) - Definition of R nonimmigrant classification

INA 214(c) - Admission of nonimmigrants

Forms

I-129, Petition for Nonimmigrant Worker

I-539, Application To Extend/Change Nonimmigrant Status Application To Extend/Change Nonimmigrant Status

Other Materials

How to Use the USCIS Policy Manual Website (PDF, 2.99 MB)

Appendices

No appendices available at this time.

Updates

Technical Update - Replacing the Term “Alien”

May 11, 2021

This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

POLICY ALERT - Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule

September 02, 2020

U.S. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on August 3, 2020. This guidance becomes effective October 2, 2020. For information regarding implementation, see Appendix: 2020 Fee Rule Litigation Summary.

Read More
Affected Sections

1 USCIS-PM A - Part A - Public Services

1 USCIS-PM B - Part B - Submission of Benefit Requests

2 USCIS-PM - Volume 2 - Nonimmigrants

7 USCIS-PM A - Part A - Adjustment of Status Policies and Procedures

7 USCIS-PM F - Part F - Special Immigrant-Based Adjustment

7 USCIS-PM M - Part M - Asylee Adjustment

11 USCIS-PM A - Part A - Secure Identity Documents Policies and Procedures

Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

May 21, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk (PDF, 317.68 KB) between the AFM and the Policy Manual.

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole

4 USCIS-PM - Volume 4 - Refugees and Asylees

5 USCIS-PM - Volume 5 - Adoptions

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

Technical Update - Incorporating Existing Guidance into the Policy Manual

May 15, 2020

This technical update is part of an initiative to move existing policy guidance from the Adjudicator’s Field Manual (AFM) into the Policy Manual. This update does not make major substantive changes but consolidates and incorporates existing AFM guidance into the Policy Manual, streamlining USCIS’ immigration policy while removing obsolete information. This guidance replaces Chapters 1, 3.4, 10.2, 10.3(a), 10.3(c), 10.3(e), 10.3(i), 10.4, 10.22, 11.1(c), 13, 14, 17, 23.8, 31.7, 33.10, 34.5, 35, 41.6, 42, 44, 56.1, 56.3, 56.4, 62, 81, 82, 83.1, 83.2, and 83.3 of the AFM, related appendices, and policy memoranda.

Affected Sections

1 USCIS-PM E - Part E - Adjudications

2 USCIS-PM O - Part O - Religious Workers (R)

7 USCIS-PM O.5 - Chapter 5 - Other Special Laws

Technical Update - Replacing the Term “Foreign National”

October 08, 2019

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

Version History

No historical versions available.

0
Page sub tree links
Current as of January 05, 2024
Back
Next
Was this page helpful?
0 / 2000
To protect your privacy, please do not include any personal information in your feedback. Review our Privacy Policy.
Return to top
  • Topics
  • Forms
  • Newsroom
  • Citizenship
  • Green Card
  • Laws
  • Tools
U.S. Department of Homeland Security Seal, U.S. Citizenship and Immigration Services
Facebook
Twitter
YouTube
Instagram
LinkedIn
Email
Contact USCIS
U.S. Department of Homeland Security Seal
Agency description

USCIS.gov

An official website of the U.S. Department of Homeland Security

Important links
  • About USCIS
  • Accessibility
  • Budget and Performance
  • DHS Components
  • Freedom of Information Act
  • No FEAR Act Data
  • Privacy and Legal Disclaimers
  • Site Map
  • Office of the Inspector General
  • The White House
  • USA.gov
Looking for U.S. government information and services?
Visit USA.gov