Can an R-1 Visa Holder Apply for Permanent Residency Afterward?

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September 10, 2026

THE CONTEXT

Can an R-1 Worker Pursue a Green Card While on R-1 Status?

Yes — R-1 is a dual intent visa, so seeking permanent residence does not by itself jeopardize R-1 status.

Unlike most nonimmigrant categories, an R-1 worker can hold an approved immigrant petition, or have one pending, without that being held against a request to extend or maintain R-1 status.

The immigrant pathway itself runs through the EB-4 employment-based fourth preference category for special immigrant religious workers, which requires the employer to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, on the worker’s behalf.

To qualify, the worker generally needs two years of qualifying religious employment completed immediately before the I-360 is filed — the same category of work discussed in our companion article, What Is the R-1 Visa and How Can Religious Workers Come to Work at a U.S. Church or Organization?

Once USCIS approves the I-360, a worker already in the United States in a status eligible to adjust may file Form I-485 to become a permanent resident without leaving the country; a worker abroad instead processes the immigrant visa through the National Visa Center and a consular interview.

Source: Congressional Research Service, Religious Worker Immigration: In Brief, R48829. The non-minister reauthorization date changes with each funding bill — confirm current status before relying on it.

A REAL CASE

Two Petitions, Two Very Different Timelines

Steps From R-1 to Lawful Permanent Residence

A gap in lawful status during the qualifying two years is not automatically disqualifying at the I-360 stage, following the Third Circuit’s decision in Shalom Pentecostal Church v. Acting Secretary, U.S. Department of Homeland Security — though status problems can still complicate the later I-485 step.

THE PATH FORWARD

Planning Around the EB-4 Backlog

The practical obstacle for most religious workers isn’t eligibility — it’s timing.

The U.S. Department of State’s September 2026 Visa Bulletin lists a Final Action Date of December 15, 2022, for Certain Religious Workers under EB-4, for all countries — a wait that already exceeds the R-1 visa’s own five-year limit for many workers.

A bipartisan bill introduced in Congress, the Religious Workforce Protection Act (H.R. 2672 / S. 1298), would let R-1 workers with an approved EB-4 petition extend R-1 status until a visa number becomes available, and would waive the requirement to remain abroad for workers who already departed after reaching the five-year limit.

That bill has not been enacted as of this writing, so organizations should confirm its status before relying on it, and should instead plan around the tools that already exist today — the current extension rules and the 2026 rule on returning after five years, covered in our companion articles on R-1 duration and renewal and, for organizations sponsoring more than one worker toward the same goal, sponsoring multiple R-1 workers.

References

1. USCIS, Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
2. U.S. Department of State, Visa Bulletin for September 2026
3. Congressional Research Service, Religious Worker Immigration: In Brief, R48829
4. Shalom Pentecostal Church v. Acting Secretary, U.S. Department of Homeland Security, 783 F.3d 156 (3d Cir. 2015)
5. H.R. 2672, Religious Workforce Protection Act, 119th Congress

This article is for informational purposes only and does not constitute legal advice. Consult a qualified immigration attorney before taking any action. · Last verified: August 28, 2026 · Reviewed by: Kathia Quirós, Immigration Attorney · GWP Immigration Law