The R-1 visa petition requires the sponsoring religious organization to demonstrate that the religious worker will be compensated for their services. This is a critical legal hurdle designed to prevent fraud and ensure the worker does not become a public charge.

While proving compensation is straightforward for salaried positions (a simple pay stub will suffice), it becomes a complex challenge for those in uncompensated religious vocations (like nuns, monks, or brothers) or those relying on missionary programs. In these cases, the organization must provide verifiable evidence of “in-kind compensation” or show that the worker is self-supporting. Failing to provide clear, documented proof is a major cause of USCIS Requests for Evidence (RFEs) and petition denials.

I. The USCIS Compensation Requirement

USCIS regulations allow compensation to take various forms beyond a traditional salary. The regulations recognize that many religious orders embrace poverty or rely entirely on community support. The key is that the compensation, in whatever form, must be:

1. Sufficient: Adequate to support the worker and their dependents at or above the poverty level.

2. Verifiable: Documented with objective, non-hearsay evidence.

II. Documenting In-Kind Compensation (Room & Board)

For workers who receive housing, food, and other necessities instead of a paycheck, the organization must quantify the monetary value of this in-kind compensation.

• Housing and Utilities: The organization must provide objective proof of the fair market rental value (FMRV) of the housing provided.

  • Evidence: Submit a formal written statement or appraisal from a licensed real estate professional or an online estimate from a reliable source (like Zillow or Rentometer) for a comparable unit in the area.

  • Documentation: Provide a copy of the lease agreement, mortgage, or deed for the housing unit, along with a statement detailing how utilities (gas, electric, water) are paid by the organization.

• Meals and Stipends: The value of provided meals and small stipends must also be documented.

  • Evidence: Provide a detailed budget or ledger showing the monthly estimated value of food provided. If a stipend is given for personal needs, provide bank records or canceled checks proving the regularity and amount of the payments.

• Formal Statement: The petition must include a letter signed by the authorizing official outlining the exact nature and value of all in-kind compensation and certifying that this total amount meets or exceeds the necessary support level.

III. Proving Self-Support and Missionary Programs

In cases where the religious worker is not paid by the petitioning organization but relies on other sources, the documentation must show long-term stability and reliability.

• Self-Support (Religious Vocation): Workers who have taken a vow of poverty (monks, nuns) are considered self-supporting if their religious order provides for their needs, often through community efforts or endowments.

  • Evidence: Submit a letter from the mother organization or headquarters confirming the vow of poverty and certifying that the order is responsible for the worker’s support and will not allow them to become a public charge. Include financial statements (e.g., balance sheet) showing the order’s ability to cover the worker’s expenses.

• Missionary Programs (Support Raised): If the worker raises their own support through donations, the organization must prove the donations are reliable and secure.

  • Evidence: Provide contracts or agreements with the missionary sending organization, showing the guaranteed level of support. Include bank statements or certified accounting records demonstrating the sustained receipt of the minimum required funds over the past year. USCIS views fluctuating, unreliable sources of support skeptically.

The key legal hurdle is demonstrating that the organization has legally committed to providing the support, and that the financial resources backing that commitment are verifiable and sufficient.

Conclusion

Successfully petitioning for a non-salaried R-1 worker requires moving beyond simple assumptions about support and into detailed, quantifiable legal documentation. The valuation of in-kind benefits like room and board must be objectively verifiable, and self-support claims must be backed by institutional financial commitments. Any ambiguity or lack of objective documentation will trigger an RFE and jeopardize the petition. To ensure your organization’s documentation meets the strict USCIS requirements for in-kind compensation and self-support for your religious workers, contact Lforlaw today to connect with expert immigration attorneys specializing in R-1 visa compliance.

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Sources

1. USCIS Policy Manual, Vol. 6, Part H, Chapter 2: Official guidance on the R-1 visa requirements, including detailed sections on documenting compensation, stipends, and financial solvency.

2. 8 CFR § 214.2(r)(11): Federal regulations defining the requirement that the petitioner must show how the religious worker will be supported and compensated.

3. USCIS Form I-129 R-1 Supplement Instructions: Specific guidance on what type of documentation is required when salary is below the poverty line or compensation is entirely in-kind.