The R-1 to Green Card Gap: Why Religious Workers Are Being Forced to Leave the U.S.

For years, religious workers have come to the United States on R-1 visas to serve in ministries, churches, temples, and other faith-based institutions. Many of these workers later apply for permanent residency under the EB-4 visa category so they can continue their service long-term.

But there’s a big problem: EB-4 green card wait times have gotten so long that workers often reach the five-year limit on their R-1 visas before they’re allowed to adjust their status. When that happens, even after years of faithful service, they are required to leave the U.S. when their R1 visa expires.

 What’s the Problem?

• R-1 visas allow religious workers to serve temporarily in the U.S., but only for up to five years.

• After five years, these religious workers must return to their home countries for at least one year before they can come back to the U.S.

• Many religious workers eventually apply for a green card through the EB-4 visa program, which is for special immigrant religious workers, while legally working in the U.S. on an R1 visa.

• Because of visa backlogs, especially for ministers and certain countries, the wait for an EB-4 green card can stretch several years.

• This means the worker’s lawful stay under the R-1 expires before they’re allowed to become a permanent resident—forcing them to leave the U.S. and interrupt their service and lives.

  
  

The Religious Workforce Protection Act Helps

There is a new piece of legislation called The Religious Workforce Protection Act that if made law can prevent religious workers from being forced to leave the U.S. while waiting for eligibility to apply for a green card under the EB-4 Religious Worker Visa category (visa availability).

The Religious Workforce Protection Act is a bipartisan bill introduced in March 2024 in the U.S. House of Representatives. It is designed to keep workers from being forced to leave the country simply because they're stuck in line for visa availability or visa processing.

The Religious Workforce Protection Act solves this issue by:

• Allowing DHS the ability to extend the R-1 visa beyond the five-year limit,

• For workers who are waiting in line for their EB-4 green card.

This means they don’t have to leave the country while their green card case is pending—they can keep serving their community without interruption.

While the bill has gained attention and support, it has not yet become law, and its future will depend on the political climate and legislative priorities in Congress.

Why This Matters

Religious workers are essential to the spiritual, emotional, and social well-being of the communities they serve. They lead worship, counsel families, support vulnerable populations, and strengthen the mission of faith-based institutions.

When they’re forced to leave the U.S. simply because of processing delays or visa backlogs—despite having done everything right—it disrupts not only their lives but also the congregations and communities that depend on them.

The Religious Workforce Protection Act ensures that religious workers can stay and continue their mission while waiting for permanent residency.

If you or your organization may be impacted, now is the time to get informed, plan ahead, and seek legal guidance.

We're here to help you understand your options and protect your future. Contact us by phone at 321-325-1125 or website at www.sapeterkinlaw.com