What Are Your Options After the R-1 Visa?

Alternatives for Religious Workers Facing the 5-Year Cap and EB-4 Delays

Religious workers who come to the U.S. on R-1 visas are vital to many faith communities. But under current immigration rules, R-1 visa holders can only stay in the United States for a maximum of five years. After that, they must either leave the country or move to a different immigration status.

In the past, many R-1 workers would smoothly transition to a green card through the EB-4 religious worker category.

Today, the backlog for EB-4 visas is so long that many people cannot finish the green card process before their R-1 time runs out. In addition, the EB-4 program for non-ministers is currently only extended through September 30, 2025, meaning non-minister R-1 workers may need to explore alternative visa options to remain in the U.S.

If you're a religious worker facing this challenge, you are not out of options.Here are several immigration alternatives you might consider to stay legally in the U.S.:

1. H-1B Visa (Specialty Occupations)

The H-1B visa is a popular alternative for religious workers who also perform work that can be classified as a "specialty occupation."For example:

• Religious education directors

• Church administrative leaders

• Music directors with special skills

To qualify, you usually need at least a bachelor’s degree in a related field, and the job itself must normally require that degree. H-1B visas have an annual lottery, and sponsorship by the religious organization would be required.

Important: Nonprofit religious organizations affiliated with higher education institutions may be exempt from the H-1B cap, making it easier to obtain.

2. O-1 Visa (Individuals with Extraordinary Ability)

If you have a high level of recognition for your work in religious services, you may qualify for an O-1 visa.O-1 visas are for people with extraordinary ability, shown through awards, leadership roles, publications, or other major achievements in their field.

This can be a great option for religious leaders, musicians, scholars, or prominent community organizers who can document their impact.

3. F-1 Student Visa

Some religious workers decide to go back to school under an F-1 student visa while waiting for the immigration climate to improve.By enrolling in a U.S. academic program—such as theology, religious studies, or even nonprofit management—you can remain in the U.S. legally while continuing to serve your community part-time under certain work authorizations.

Note: Careful planning is needed to make sure your studies are legitimate and not just a way to stay.

4. EB-2 National Interest Waiver (NIW)

If your work in the U.S. benefits the country on a larger scale (for example, improving communities, education, public health, etc.), you might qualify for an EB-2 green card with a National Interest Waiver.

The EB-2 NIW allows you to self-petition for a green card without an employer, based on the argument that your work serves the U.S. national interest.This is an advanced path and requires strong documentation, but religious and community service work can sometimes qualify.

5. EB-3 Green Card (Skilled Workers)

If your religious work involves specialized skills and you have at least two years of experience, it may be possible to pursue a green card through the EB-3 Skilled Worker category.

This would involve your religious employer going through the PERM labor certification process to prove there are no available U.S. workers for the position. While it takes time, the EB-3 process can open a path to permanent residency.

Final Thoughts: Plan Ahead to Stay Ahead

If you are an R-1 visa holder approaching the five-year limit and your EB-4 green card is delayed, do not wait until the last minute.Carefully exploring alternative visa options early gives you time to prepare a strong application and avoid gaps in your status.

Solutions like the proposed Religious Workforce Protection Act may help in the future, but until then, religious workers and their organizations need to be proactive.

Working with an experienced immigration attorney can help you map out the best strategy for your situation—and keep you serving your faith community here in the U.S.

To contact us for Immigration representation that you can trust call 321-325-1125 or visit www.sapeterkinlaw.com and leave us a message.