Office Location is Irving, Texas and Albuquerque, New Mexico
Concerned about immigration issues following President Donald Trump's re-election? Click Here
Office Location is Irving, Texas and Albuquerque, New Mexico
Quick Summary: R-1 Religious Worker Visa
Albuquerque is home to a diverse array of religious traditions—from historic Catholic parishes and Protestant congregations to growing Buddhist, Hindu, Islamic, and Jewish communities. Each of these faith groups may need to bring religious personnel from abroad to serve their members.
Whether your organization is a long-established church in Old Town or a newer congregation in the Heights, the R-1 visa can help you secure the spiritual leadership your community needs.
Looking to bring a religious worker to New Mexico? Our Albuquerque immigration lawyers at Lawit Law help faith-based organizations and clergy navigate the R-1 visa process with confidence.
R-1 petitions receive close scrutiny from U.S. Citizenship and Immigration Services (USCIS). The agency conducts site visits, issues frequent Requests for Evidence (RFEs), and denies petitions that fail to clearly demonstrate eligibility.
An experienced Albuquerque immigration attorney can make the difference between approval and a frustrating denial.
USCIS requires detailed proof that the sponsoring organization is a legitimate nonprofit religious entity. We help Albuquerque religious organizations compile the necessary records—articles of incorporation, bylaws, IRS determination letters, and evidence of ongoing religious programming—to satisfy these requirements.
One of the most common reasons for R-1 denials is failure to prove the position is genuinely religious rather than secular. Our attorneys work with your organization to draft position descriptions that clearly articulate ministerial functions, required religious training, and the spiritual nature of the duties involved.
USCIS officers may arrive unannounced to verify the information submitted in your petition. We prepare your organization for these visits by reviewing recordkeeping practices, ensuring staff understand how to respond to inquiries, and confirming that your physical location reflects the religious activities described in your filing.
If USCIS questions your petition, a well-crafted RFE response can salvage your case. Our legal team analyzes the agency’s concerns and prepares targeted, evidence-rich replies. In the event of a denial, we evaluate whether an appeal, motion to reopen, or new filing offers the best path forward.
Many religious workers ultimately seek green cards through the EB-4 Special Immigrant Religious Worker category. Strategic planning during the R-1 stage can position your worker for a smoother transition to permanent residence down the road.
The R-1 visa is a nonimmigrant classification that permits foreign religious workers to enter and work in the United States temporarily. It serves churches, mosques, temples, synagogues, and other faith communities that need to bring qualified religious personnel from abroad.
Religious workers may remain in the U.S. for up to five years total under R-1 status. Family members—spouses and unmarried children under 21—may accompany the primary visa holder under R-2 dependent status. While R-2 dependents can study in the U.S., they are not authorized for employment.
On January 16, 2026, the Department of Homeland Security announced an amendment to R-1 visa regulations. This interim ruling eliminated the requirement for religious workers who have reached the maximum five-year stay to have a mandatory one-year wait period before becoming eligible for readmission to the U.S. in R-1 status.
The change is intended to promote continuity for U.S. religious organizations and their employees by minimizing service disruptions caused when R‑1 workers must leave the country and sit out a lengthy foreign residency requirement. Under the new rule, a religious worker who has exhausted the statutory five‑year R‑1 stay must still depart the U.S., but there is no mandated minimum period abroad before they can apply for and re‑enter on a new R‑1 visa, assuming eligibility and consular processing proceed.
The R-1 visa is available to individuals who meet all of the following criteria:
Positions that typically qualify include clergy (priests, pastors, imams, rabbis), missionaries, religious educators, cantors, and members of religious orders such as monks and nuns. Purely administrative or maintenance roles—even at religious organizations—generally do not meet the standard.
Religious organizations in Albuquerque and throughout New Mexico must demonstrate the following to sponsor an R-1 worker:
Newly formed religious organizations face heightened scrutiny. USCIS will examine whether the entity has an established track record of religious activity or is a bona fide startup with genuine religious objectives.
Obtaining an R-1 visa involves several stages, with responsibilities shared between the sponsoring organization and the religious worker.
The U.S. religious organization files Form I-129, Petition for Nonimmigrant Worker, with USCIS. The petition must include supporting documentation such as:
USCIS evaluates the petition and may conduct an on-site inspection of the sponsoring organization. The agency verifies that the organization exists, operates as described, and offers a genuine religious position.
If the worker is abroad, they attend a visa interview at a U.S. consulate after the petition is approved. Workers already in the U.S. on another valid status may apply to change to R-1 classification without leaving the country.
If USCIS denies an R-1 petition, the sponsoring organization or the religious worker may have several options to challenge the decision, but the correct approach depends on the reason for denial.
An experienced immigration attorney can review the USCIS notice, determine the most effective remedy, gather supporting evidence, and represent the organization in appeals or motions. Proper legal guidance improves the chances of approval while minimizing delays, especially for organizations that rely on uninterrupted religious staffing.
Standard processing times vary based on USCIS workload but often range from several months. Premium processing, when available, can reduce the adjudication period to 15 business days for an additional fee.
Factors that can affect the processing time include the volume of RFEs issued, the type of employment (minister vs. religious occupation), and whether the petition includes a request for premium processing.
Acceptable documentation includes letters from religious leaders confirming membership, baptismal or confirmation certificates, records of missionary service, tithing statements, and sworn affidavits from fellow congregants. The evidence must show continuous, active participation—not just nominal affiliation.
Yes. Compensation can take various forms, including salary, housing, meals, stipends, or a combination.
The key is that the worker receives support sufficient to live on and that the arrangement is documented in the petition.
Newly established religious organizations can sponsor R-1 workers, but they must provide extensive documentation proving their legitimacy. This includes evidence of religious programming, membership rosters, photographs of the facility, and financial records showing the ability to support the worker.
Yes. The EB-4 Special Immigrant Religious Worker category provides a route to permanent residence for qualifying ministers and religious workers.
Careful planning during the R-1 phase can help ensure eligibility for this classification.
If your religious organization needs to sponsor a foreign worker—or you are a religious professional preparing to serve in New Mexico—experienced legal guidance can protect your case from unnecessary delays and denials.
Lawit Law assists religious institutions and workers throughout Albuquerque and New Mexico with R-1 visa petitions, compliance preparation, and long-term immigration planning.
Call (214) 609-2242 or contact us online to schedule a consultation.
