For religious organizations seeking to sponsor an R-1 visa for a minister or religious worker, the approval process now carries a near-certain, and often unannounced, visit from the USCIS Fraud Detection and National Security (FDNS) Directorate.

These FDNS site visits are not courtesy calls; they are compliance reviews designed to verify that the sponsoring organization is bona fide, the religious position is legitimate, and all facts in the petition are true. Failure to prepare can lead to a Request for Evidence (RFE), a Notice of Intent to Revoke (NOIR), or even referral to law enforcement.

Here is a checklist for preparing your religious institution for a surprise R-1 site inspection.

I. Physical and Operational Readiness (The “Bona Fide” Test)

The FDNS officer’s primary objective is to confirm the organization’s existence, religious nature, and capacity to employ the worker.

• Physical Premises:

  • Signage: Ensure your building has clear, permanent signage identifying the religious organization by the exact name listed on the R-1 petition and IRS documentation.

  • Dedicated Space: The facility must demonstrate its religious purpose. The officer will look for a sanctuary, worship hall, prayer room, or other space specifically dedicated to religious ceremonies and activities.

  • Work Location: The location where the R-1 worker will perform their duties (e.g., a minister’s office, a school classroom) should be identifiable, functional, and consistent with the job description.

• Proof of Activity:

  • Regular Schedule: Have current and past service schedules, bulletins, and event flyers readily available. This proves the organization engages in regular, ongoing religious services and activities.

  • Staff and Membership: Be ready to confirm the organization’s staff size (paid and volunteer) and provide a rough estimate of active membership.

II. The Documentation Compliance Binder (The “Paper Trail”)

Create a compliance binder containing copies of every document filed with USCIS, plus the underlying source evidence. This binder should be instantly accessible to the designated point of contact.

Organizational Legitimacy:

• IRS 501(c)(3) Determination Letter (must be currently valid and reflect the petitioning organization’s name).

• Articles of Incorporation/Bylaws detailing the religious purpose and structure.

• Photos of the exterior, interior, and worship space (to prove physical presence).

Financial Records & Ability to Pay:

• IRS Form 990 (Tax returns) for the last two years.

• Budgets showing dedicated funds for the religious worker’s salary, housing allowance, or in-kind support.

• Prior payroll records for similar positions, or lease agreements/mortgage to prove room and board is provided.

The Petition File:

• A complete, dated copy of the Form I-129, Supplement R and all supporting exhibits originally filed with USCIS.

III. Preparing the Personnel (The “Consistency” Check)

The FDNS officer will likely interview the signing authority (petitioner representative) and may try to speak with the religious worker and other employees. Their goal is to find inconsistencies with the petition.

• Designate a Point of Contact: Designate one knowledgeable individual (e.g., the pastor, HR manager, or board member who signed the petition) to handle the officer.

  • Protocol: This person should verify the officer’s credentials and immediately contact the immigration attorney upon their arrival.

  • Cooperation: While participation is technically voluntary, full cooperation is strongly advised. Refusal to cooperate can result in denial or revocation.

• Brief the Worker: Ensure the religious worker (beneficiary) is fully prepared to answer questions that match the petition:

  • Job Title and Duties: The worker must be able to describe their duties using the language of the petition and confirm they spend at least 20 hours per week performing religious work (not administrative tasks).

  • Compensation: They must confirm the exact salary, stipend, or in-kind compensation stated in the Form I-129.

IV. The Interview Hot Spots

The FDNS officer will focus on verifying the most common areas of R-1 visa fraud:

• Religious Occupation Definition: The officer will check if the role is a religious occupation (e.g., liturgist, religious instructor) or religious vocation (e.g., nun, monk) as defined by the USCIS, and not a standard lay position.

• The 2-Year Membership Rule: They may ask how the beneficiary’s two years of continuous membership in the religious denomination prior to the filing date was verified.

• Employment Details: They will confirm the worker’s supervisor’s name, their hours, and the address where the work is performed.

Conclusion

An R-1 site inspection by the FDNS Directorate is a compliance event designed to test the integrity of your petition under high scrutiny. Your preparation must be meticulous, ensuring the physical reality of your religious organization and the testimony of your personnel perfectly align with every document filed with USCIS. A smooth, successful site visit is often the final hurdle before petition approval. To develop a comprehensive compliance plan, prepare your staff, and manage communication with USCIS during this high-stakes process, contact Lforlaw today to connect with expert immigration attorneys specializing in R-1 visa petitions and FDNS audit preparation.

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Sources

1. USCIS Policy Manual, Vol. 6, Part H, Chapter 2: Official guidance on the requirements for the R-1 Religious Worker classification and the FDNS site visit program.

2. USCIS Form M-736, Optional Checklist for Form I-129 R-1 Filings: Details the evidence required to establish the organization’s legitimacy and ability to pay.

3. USCIS Administrative Site Visit and Verification Program (ASVVP): Explains the process for random and targeted site visits for employment-based petitions, including R-1.