Can R1 – Visa holder (while in the U.S.) be eligible for applying for a green card?

Jul 18

Written By Ariyan Immigration Consulting

Can R1 – Visa holder (while in the U.S.) be eligible for applying for a green card?

The short answer is “yes”, theoretically, an R-1 visa holder can pursue a green card through called EB-4 (Special Immigrant Religious Worker) category. However, to apply for a green card while in the U.S., the R1-visa holder must file Form I-485, Application to Register Permanent Residence.

What does it mean “EB-4 Special Immigrant Religious Worker” visa type?

The EB-4 visa allows religious workers such as priest, minister or monk to immigrate to the U.S. as a permanent resident status for their religious work. Please note that R1 visa is a nonimmigrant visa and temporary purpose and can stay in the U.S. not more than five years (including one extension).

What is eligibility for applying for a green card based on EB-4 category?

The requirements for the EB-4 category are very similar to the requirements for the R-1 visa category. However, To be eligible for the EB-4 cateogry, the R-1 visa holder must:

have been employed in a qualifying religious role for at least two years before filing Form I-360
have been working continuously for the past two years immediately prior to filing the immigrant petition
be a member of the religious denomination for that period and have the intention to continue working in a religious capacity in the U.S.

How long does it take to get a green card with R1 visa?

Specifically, the timeline for the green card application can vary, but the eligible applicant should start their filing process prior to the R-1 visa’s expiration date. After the Form I-360 has been approved, the applicant must follow visa bulletin from the State Department for visa availability. Once the visa is available, the applicant can apply Form I-485 (if the applicant is in the U.S), or the applicant can initiate the visa application through the consulate processing overseas. The green card process can be lengthy, but it generally takes at least four to five years with potential delays related to the priority date and the overall EB-4 backlog.

What does it mean “visa bulletin” and what is current visa bulletin status for EB-4 category?

Visa bulletin is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. Please note this category falls under “Employment Based Preference Category – 4” as a certain religious worker (EB-4). According to State Department and USCIS, the applicant must wait visa availability date under the table of “final action date” prior to file the Form I-485 or will be rejected. For this month, September 2025, the final action date showing “U” which means EB-4 category is unauthorized to proceed with the State Department. Please see the chat below for more information. According to the chart below, this category will not be authorized to proceed for visa applications as of September 2025. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.