You are here: Immigration Related Links
Immigration Related Links
Jan 6, 2012

R-1 vs. H-1B



We have summarized important considerations in choosing between R-1 and H-1B when you will be employed by a church.  In general, we would recommend R-1 over H-1B since the former is the visa category specifically reserved for those working in a religious capacity.  In some situations, however, H-1B might open doors when R-1 is not an option for you.

[R-1]
--- Must be a religious occupation/vocation.
--- You must have been a member of the same denomination as the petitioning church for the past 2 years.
--- Your pay need not meet the prevailing wage (but has to be sufficient to make a living for you and your family).
--- There is no quota restriction: you can start working whenever the church’s petition is approved.
--- While reviewing the petition, chances are USCIS will visit the church and conduct an on-site inspection (unless the church already had one in recent years).
--- The reviewing process takes 4-7 months.
--- A premium processing service (at the additional USCIS fee of $1,225) reduces the processing time down to 15 days-2 months, but is available only if the church previously had an on-site inspection and passed it.
--- You can stay in the U.S. in R-1 status up to 5 years; you will initially receive 2.5 years of status.

[H-1B]
--- Must be a specialty occupation, requiring at least a bachelor's degree (as determined by Department of Labor).
--- There is no “same denomination” requirement.
--- Your pay must meet the prevailing wage (as determined by Department of Labor).
--- There is an annual quota of 65,000: if you can use this year’s quota, the earliest date the church can file its petition is April 1, and the earliest date you can start working (once the petition is approved) is October 1.
--- No on-site inspection (not yet).
--- The reviewing process takes 3-6 months.
--- A premium processing service (at the additional USCIS fee of $1,225) reduces the processing time down to 15 days-2 months, and is available to any church.
--- You can stay in the U.S. in H-1B status up to 6 years (with some exceptions); you will initially receive 3 years of status.



© 2004-2010 Law Office of Kichul Kim Tel: 972-243-7140 - Fax: 972 314-9601 Email: igetyouintous@gmail.com