Key Takeaways
• R-1 visa allows religious workers to serve in the US for up to five years with specific salary rules.
• Employers must pay prevailing wage, highest minimum wage, and overtime pay for hours over 40 weekly.
• EB-4 green card program changes affect non-ministerial workers, ending after March 13, 2025.
The R-1 visa is a special type of work visa for people who want to come to the United States 🇺🇸 to work in a religious job. This visa helps churches, temples, mosques, and other religious groups bring in workers from other countries to serve as ministers, religious teachers, or in other religious roles. But, like all work visas, there are rules about how much these workers must be paid and what rights they have. Understanding these rules is important for both the religious organizations that sponsor workers and the workers themselves.
This guide explains the R-1 visa salary requirements, including the prevailing wage, overtime pay, and other important rules. It also covers recent changes, what employers and workers need to know, and what the future might hold for people using this visa.
What Is the R-1 Visa?
The R-1 visa lets foreign nationals work in the United States 🇺🇸 in a religious job. This could be as a minister, priest, rabbi, imam, or in another religious position. The visa is meant for people who will work at least part-time (usually at least 20 hours per week) for a non-profit religious organization or a group that is connected to a religious group.
To get an R-1 visa, the worker must have been a member of the same religious group for at least two years before applying. The sponsoring organization must also show that it is a real, non-profit religious group and that it can pay the worker.
Key Salary Requirements for R-1 Visa Holders
Prevailing Wage
One of the most important rules for R-1 visa holders is the prevailing wage requirement. The prevailing wage is the average wage paid to workers in the same job and area. This rule is meant to make sure that foreign workers are not paid less than American workers doing the same job.
- How is the prevailing wage set?
The prevailing wage is usually found by looking at data from the Bureau of Labor Statistics (BLS) or other official wage surveys. Employers can check the BLS website to see what the average pay is for a certain job in their area. This helps make sure pay is fair and follows the law. - Why does this matter?
If an employer pays less than the prevailing wage, they could face penalties, and the worker’s visa could be at risk. This rule protects both the worker and the job market.
Minimum Wage
R-1 visa holders must also be paid at least the minimum wage set by law. The federal minimum wage in the United States 🇺🇸 is $7.25 per hour, but some states and cities have higher minimum wages. Employers must pay whichever is higher—the federal, state, or local minimum wage.
- Example:
If a church in California hires an R-1 visa worker, it must pay at least California’s minimum wage, which is higher than the federal rate.
Overtime Pay
R-1 visa holders are also protected by overtime pay rules. If they work more than 40 hours in a week, they must be paid at least 1.5 times their regular hourly rate for those extra hours.
- Example:
If a religious worker earns $20 per hour and works 45 hours in a week, the extra 5 hours must be paid at $30 per hour. Why is this important?
Overtime pay helps make sure workers are not overworked or underpaid for extra hours.
Summary of Key Salary Rules
- Prevailing wage: Must pay at least the average wage for the job and area
- Minimum wage: Must pay at least the highest minimum wage that applies (federal, state, or city)
- Overtime pay: Must pay 1.5 times the regular rate for hours over 40 per week
Employer Responsibilities
Employers who sponsor R-1 visa workers have several important duties:
- Show financial ability: Employers must prove they can afford to pay the worker the required wage. This usually means showing bank statements, tax returns, or other financial documents.
- Follow all wage laws: Employers must pay the prevailing wage, minimum wage, and overtime pay as required.
- Keep good records: Employers should keep records of hours worked, pay rates, and payments made to the worker.
- Provide a real job: The job offered must be a real, ongoing position—not just a way to help someone get a visa.
If an employer does not follow these rules, they could face fines, lose the right to sponsor workers, or face other penalties.
Worker Rights
R-1 visa holders have the right to:
- Receive fair pay: They must be paid at least the prevailing wage and minimum wage.
- Get overtime pay: They must be paid extra for working more than 40 hours a week.
- Work in safe conditions: They have the right to a safe workplace, just like any other worker in the United States 🇺🇸.
- Report problems: If they are not paid correctly or are treated unfairly, they can report this to the Department of Labor or other authorities.
It is important for workers to keep their own records of hours worked and pay received. This can help if there is ever a problem.
How to Determine the Prevailing Wage
Employers must figure out what the prevailing wage is for the job they are offering. Here’s how they can do this:
- Check the Bureau of Labor Statistics (BLS):
The BLS website has wage data for many jobs in different areas. Employers can search for the job title and location to find the average wage.
Bureau of Labor Statistics Wage Data Use other wage surveys:
Sometimes, employers use other official wage surveys or data from state labor departments.Ask for help:
If unsure, employers can contact the Department of Labor for guidance.
Employers must keep a copy of the wage data they used to set the worker’s pay. This may be needed if the government asks for proof.
Application Process for the R-1 Visa
Getting an R-1 visa involves several steps:
1. Employer Files a Petition
The religious organization must file Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS).
– Form I-129: Official USCIS Form I-129
The petition must include:
– Proof that the organization is a real, non-profit religious group
– Evidence that the worker has been a member of the group for at least two years
– Proof that the organization can pay the worker the required wage
2. USCIS Reviews the Petition
USCIS checks the documents and may ask for more information. They want to make sure the job is real and the employer can pay the worker.
3. Worker Applies for a Visa
If USCIS approves the petition, the worker can apply for an R-1 visa at a U.S. embassy or consulate in their home country. They will need to show proof of the job offer and other documents.
4. Entering the United States 🇺🇸
Once the visa is approved, the worker can travel to the United States 🇺🇸 and start working for the sponsoring organization.
Extensions and Renewals
R-1 visa holders can stay in the United States 🇺🇸 for up to 30 months (about 2.5 years) at first. They can apply to extend their stay for another 30 months, for a total of five years. After five years, they must leave the country for at least one year before applying for another R-1 visa, unless they apply for a green card or switch to another visa type.
- Extension process:
The employer must file another Form I-129 before the current visa expires.
Pathways to Permanent Residency
Many R-1 visa holders hope to become permanent residents (get a green card) through the EB-4 category for religious workers. However, there have been recent changes and delays:
- EB-4 category delays:
There are long waits for green cards in this category, and the program for non-ministerial religious workers is set to end after March 13, 2025. No new extensions announced:
As of July 2025, there are no new extensions for the non-ministerial program. This means many religious workers may not be able to get a green card through this path.What can workers do?
Workers should talk to an immigration lawyer about other visa options or ways to stay in the United States 🇺🇸.
Real-World Example
Let’s look at a real-world scenario:
A church in Texas wants to hire a youth pastor from Mexico. The church checks the BLS website and finds that the average wage for a youth pastor in their area is $45,000 per year. Texas follows the federal minimum wage, but the prevailing wage is higher, so the church must pay at least $45,000.
The youth pastor works 42 hours one week. For the extra 2 hours, the church must pay 1.5 times the regular hourly rate. If the pastor’s hourly rate is about $21.63 ($45,000 divided by 2,080 hours), the overtime rate is $32.45 per hour.
The church keeps records of all payments and hours worked. This helps them stay in compliance with the law and protects the worker’s rights.
Practical Implications for Employers and Workers
For Employers
- Plan your budget: Make sure you can afford to pay the prevailing wage and overtime pay.
- Keep good records: Track hours worked and payments made.
- Stay updated: Watch for changes in wage laws and visa rules.
For Workers
- Know your rights: Understand what you should be paid and what to do if you are not paid correctly.
- Keep your own records: Write down your hours and pay.
- Ask questions: If you are unsure about your pay or rights, ask your employer or seek help from an immigration lawyer.
Recent Developments and Future Outlook
The end of the EB-4 non-ministerial religious worker program and ongoing delays in the green card process mean that many R-1 visa holders may face uncertainty. Religious organizations and workers should:
- Monitor legislative changes: Laws and programs can change quickly. Stay informed by checking the USCIS website for updates.
- Explore other options: Some workers may qualify for other visas or programs.
- Seek legal advice: An immigration lawyer can help find the best path forward.
As reported by VisaVerge.com, these changes have made it more important than ever for religious organizations and workers to understand the rules and plan ahead.
Conclusion and Next Steps
The R-1 visa is a valuable way for religious organizations in the United States 🇺🇸 to bring in workers from other countries. But both employers and workers must follow strict rules about pay, including the prevailing wage, minimum wage, and overtime pay. With recent changes to green card programs, it is important to stay informed and seek help if needed.
Action steps:
– Employers should check the prevailing wage for their area and job using the Bureau of Labor Statistics.
– Workers should keep records of their hours and pay.
– Both should watch for updates on visa programs and wage laws.
By following these steps, religious organizations and workers can make sure they follow the law and protect everyone’s rights.
Learn Today
R-1 visa → A nonimmigrant visa for foreign religious workers to live and work in the United States.
Prevailing wage → The average wage paid to similar workers in the same job and geographic area.
Minimum wage → The lowest hourly rate that employers must legally pay employees by federal or state law.
Overtime pay → Additional pay at 1.5 times the regular rate for hours worked beyond 40 per week.
EB-4 category → A visa category allowing religious workers to apply for permanent residency or green cards.
This Article in a Nutshell
The R-1 visa permits religious workers to serve US nonprofits, requiring fair wages including prevailing, minimum, and overtime pay. Employers must prove financial ability, and workers have rights to safe conditions. Recent EB-4 delays impact green card options, urging vigilance and legal consultation for future immigration plans.
— By VisaVerge.com
