For religious organizations seeking to bring foreign workers—such as priests, religious teachers, or liturgical workers—to the United States, the journey is a two-step process: the temporary R-1 visa and the permanent EB-4 Green Card. Successfully navigating this path requires meticulous strategic planning, as the temporary R-1 status has a strict time limit that often conflicts with the long processing times of the EB-4.

Failing to coordinate the filing of the Form I-129 (for R-1) and the Form I-360 (for EB-4) can lead to gaps in service, disruptions to the ministry, and ultimately, the worker being forced to leave the country.

Step 1: The Temporary R-1 Visa (Form I-129)

The R-1 visa is for nonimmigrants and is designed for religious workers performing qualifying duties for a bona fide, non-profit religious organization in the U.S.

The Critical Limitation

The most important legal constraint is the five-year cap. An individual may only hold R-1 status for a maximum of 60 months (5 years). Once this limit is reached, the worker must reside outside the U.S. for at least one year before they are eligible to apply for a new R-1 visa or be admitted in the R-1 category again.

Key Eligibility Requirements (I-129)

The petitioning organization (the church, temple, or religious school) must establish:

• The worker has been a member of the same religious denomination as the sponsoring organization for at least two years immediately preceding the filing of the petition.

• The worker will be solely engaged in a religious occupation or vocation (or minister) for the sponsoring organization.

• The organization is a tax-exempt religious organization (501(c)(3) status).

Step 2: The Permanent EB-4 Green Card (Form I-360)

The EB-4 Special Immigrant Religious Worker category is the mechanism for the religious worker to transition to Permanent Resident Status (Green Card). This is essential for long-term retention.

The Crucial Prerequisite

To qualify for the EB-4, the worker must have been working for the sponsoring religious organization (or its affiliate) continuously for at least two years immediately prior to the filing of the I-360 petition. This employment must have been in the capacity of the minister or in the religious occupation/vocation for which the EB-4 is sought. The R-1 period of stay usually satisfies this two-year requirement.

The Backlog Challenge

The challenge arises because the processing time for the I-360 petition and the subsequent Green Card application (I-485 Adjustment of Status) can often take several years—sometimes even longer than the five-year R-1 cap, depending on the worker’s country of chargeability and the fluctuating Visa Bulletin dates.

The Strategic Filing Timeline: Avoiding the Gap

To successfully manage the five-year limit and the two-year employment requirement, organizations must implement a strategic filing timeline.

1. Start R-1 Status (Year 0): The worker enters the U.S. under the temporary R-1 visa.

2. File I-360 Immediately (Year 2-3): The organization should file the EB-4 Petition (Form I-360) as soon as the worker completes the two-year continuous employment requirement. Filing early is crucial to establish the worker’s priority date, which determines their place in the Green Card line. Waiting until Year 4 or 5 is a major risk, as it will likely not leave enough time for the Green Card to be approved before the R-1 status expires.

3. H-1B and Other Bridge Options (If Needed): If the R-1 worker’s five-year cap approaches, and their EB-4 Green Card is not yet approved (or available due to visa backlogs), the organization must explore bridge options, such as an H-1B visa, if the worker qualifies for a specialized occupation. This allows the worker to maintain legal status in the U.S. while waiting for their EB-4 priority date to become current.

4. Final Adjustment of Status (I-485): When the worker’s priority date is current, they file the I-485. If this is filed while the I-360 is still pending, the worker can apply for an Employment Authorization Document (EAD), which allows them to continue working, even if their R-1 status expires.

The key legal goal is ensuring the worker always maintains a lawful immigration status and that the I-360 is filed as early as legally possible.

Conclusion

The R-1 visa and the EB-4 Green Card are interconnected legal tools. Mismanaging the transition between them can sever the service relationship and force a valuable religious worker out of the country. Successful long-term planning requires expert coordination of the two-year employment prerequisite, the five-year R-1 cap, and the complex processing times of the EB-4 category. Don’t risk a disruption to your ministry due to timing errors. To strategically plan the R-1 to EB-4 pathway, ensuring all deadlines are met and legal gaps in service are avoided, contact Lforlaw today to connect with expert attorneys specializing in religious worker immigration.

---

Sources

1. USCIS Policy Manual, Volume 6, Part H: Official guidance on the requirements and limitations for both R-1 Nonimmigrant and EB-4 Special Immigrant Religious Workers.

2. USCIS Form I-360 Instructions: Details the continuous two-year employment requirement immediately preceding the filing of the petition.

3. U.S. Department of State Visa Bulletin: Monthly publication showing the Final Action Dates for the EB-4 visa category, which dictates when a worker can file for permanent residence.

4. Immigration and Nationality Act (INA) Section 101(a)(27)(C): Statutory definition of a special immigrant religious worker.