Form I-9 for R-1 religious workers: passport and I-94 entries, the one-employer rule, 240-day extensions and R-2 family

An R-1 religious worker completes Form I-9 like any other nonimmigrant hire: in Section 1 they check "An alien authorized to work" and enter the end date on their Form I-94, and in Section 2 the employer usually records their unexpired foreign passport and the I-94 as one List A document. As of November 2026, four R-1 rules shape the form: the worker may be employed only by the religious organization whose petition was approved; room and board count as pay, so the form is needed even without a salary; a timely extension the organization files lets the worker keep working for up to 240 days; and R-2 spouses and children may not work in R-2 status.

The petition is a matter for the organization and its immigration counsel; this page covers what the church, mosque, synagogue, temple or religious nonprofit does on Form I-9 around it. The H-1B and L-1 versions are in Form I-9 for H-1B workers and Form I-9 for L-1 workers; Supplement B mechanics are in I-9 reverification.

Who counts as an R-1 religious worker?

USCIS describes an R-1 as someone coming temporarily "to work at least part time (an average of at least 20 hours per week) as a minister or in a religious vocation or occupation" for a nonprofit religious organization, an organization covered by a group tax exemption, or a nonprofit affiliated with a religious denomination. The regulation's definitions decide what work the person may do once hired:

The organization attested in the petition to the title, daily duties, hours, compensation and work location, and that the worker "will not be engaged in secular employment" (214.2(r)(8)). Moving an R-1 youth minister into the church office as a bookkeeper changes nothing on Form I-9, but it can take the person outside their status.

Does a church need a Form I-9 if the R-1 gets only room and board?

Yes. Form I-9 is required for anyone hired to work "in return for wages or other remuneration," and M-274 Section 2.0 says remuneration is "anything of value given in exchange for labor or services, including food and lodging." The R-1 regulation points the same way: the petition must show "specific monetary or in-kind compensation," which can be documented with "verifiable documentation that room and board will be provided" (214.2(r)(11)). A priest housed in the rectory or a sister living in the convent receives something of value for their service.

The hard case is the self-supporting R-1, allowed only within "an established program for temporary, uncompensated missionary work" and funded by savings, family, host families or the denomination's churches. The Form I-9 instructions say the term employee "does not include individuals who do not receive any form of remuneration (e.g., volunteers)." Whether a particular missionary receives anything of value from your organization is a fact question, so ask counsel before deciding no form is needed; the general rules are in Form I-9 for interns and volunteers.

What does an R-1 enter in Section 1?

Item 4, "An alien authorized to work until," with the date their authorization expires. The Form I-9 instructions say that date is in most cases on the document that evidences the authorization, which for an R-1 is the Form I-94. They also enter one number: a USCIS Number or A-Number, the 11-digit I-94 admission number, or a foreign passport number and country of issuance. Section 1 is due by the first day of work, never before the offer is accepted, and the employer "may not ask for documentation to verify the information you entered in Section 1." If a pastor or administrator reads the form to the worker in another language or writes in the answers, that person completes Supplement A.

Which documents can an R-1 present in Section 2?

1. List A, item 5. For "an individual temporarily authorized to work for a specific employer because of his or her status": a foreign passport and a Form I-94 with the same name and an unexpired endorsement of the status, as long as "the proposed employment is not in conflict with any restrictions or limitations identified on the form." Record both, with the I-94 end date as the expiration date.
2. List B plus List C. M-274 Section 13.3 lists a Form I-94 issued to "work-authorized nonimmigrants" as a List C #7 document, so the worker may show, for example, a driver's license with the I-94.
3. An EAD, if the worker has one on another basis, such as a pending green card application.

The employee chooses. The organization knows the status because it filed the petition, but the instructions still say employers "cannot specify which documentation an employee may present." The Form I-797 approval notice is the petition decision; for Form I-9, what counts is the I-94, including the one USCIS attaches to an extension approval.

How long does R-1 status last, and when will you reverify?

The last row changed this year. Until January 16, 2026, an R-1 who reached five years had to live abroad for one year before returning in R-1 status. A DHS interim final rule, 91 FR 2049, effective that day, removed the one-year wait; the worker must still depart, but USCIS says "there is no longer a minimum amount of time" abroad. Whether the time away is a break in employment or a leave decides whether you complete a new Form I-9 or a Supplement B block on return; see Form I-9 for employees returning from leave. And if CBP issues an I-94 for longer than the 30-month maximum, USCIS says to have CBP correct it and to request any extension before the 30-month point, so diary that date too.

How does the 240-day extension work on Form I-9?

R-1 is one of the categories in M-274 Section 7.7. If the organization files Form I-129 for an extension before the stay ends, the worker may keep working "for up to 240 days while USCIS processes the petition, or until USCIS makes a decision on your petition, whichever comes first," and 8 CFR 274a.12(b)(20) limits this to work "with the same employer." On the form:

1. File the extension before the I-94 end date.
2. Keep a copy of the Form I-129, proof of the fee and proof of mailing with the Form I-9, then the Form I-797C receipt notice in their place once it arrives.
3. When the current authorization expires, write "240-day Ext." and the date you submitted the I-129 in the Section 2 Additional Information field.
4. On approval, enter the new I-94's title, number and expiration date on Supplement B, and give the worker the I-94.
5. If 240 days pass first or the petition is denied, the worker needs another acceptable List A or List C document by then, or must stop working.

Can an R-1 serve a second congregation, move sites or take a secular job?

• A second religious employer. An R-1 may "work for more than one qualifying employer as long as each qualifying employer submits a petition" (214.2(r)(2)), but "may not be compensated for work for any religious organization other than the one for which a petition has been approved" (214.2(r)(13)). The second organization completes its own Form I-9 when the worker starts there.
• A new location. USCIS says a change of work location "may constitute a material change" that needs an amended petition before the move. A move between locations of the same employer is continuing employment, not a new hire for Form I-9.
• Secular work. The worker may "not work in the United States in any other capacity" (214.2(r)(1)(v)), and a store offering a weekend job cannot rely on the R-1 I-94, which authorizes work only for the petitioning organization.
• A PEO. An R-1 "may be employed only by the religious organization through whom the status was obtained" (274a.12(b)(16)), so ask counsel before a PEO is listed as the employer. A PEO can still complete Section 2 as your authorized representative.

What must the organization report, and what can USCIS inspect?

When an R-1 "is working less than the required number of hours or has been released from or has otherwise terminated employment" early, the employer "must notify DHS within 14 days" (214.2(r)(14)); USCIS's R-1 page gives the email and mailing addresses. USCIS may also inspect the organization, including "a review of selected organization records relating to compliance with immigration laws and regulations" (214.2(r)(16)), and says it may check the worker's hours, compensation and duties. Keep the Form I-9 and the payroll or housing records where you can produce them, consistent with the petition, and keep the form for three years after hire or one year after employment ends, whichever is later.

What about R-2 spouses and children?

"Neither the spouse nor children may accept employment while in the United States in R-2 status" (214.2(r)(4)(ii)(B)), and USCIS repeats that an R-2 "is not authorized to work based on this visa classification." An R-2 I-94 shows no permission to work and cannot serve as a List C document. Two situations come up in congregations:

• The R-2 helps out. Unpaid volunteering is not employment, but a stipend, a room or regular meals given for the work bring in the Form I-9 idea of remuneration, and with it the R-2 bar. Keep volunteer roles genuinely unpaid or talk to counsel.
• The R-2 has another basis to work. An R-2 with an EAD on another basis presents it like any other EAD holder. Before an offer, ask only the work authorization questions you ask every applicant.

Hiring clergy and religious staff also raises Title VII questions unrelated to Form I-9; see religious discrimination in hiring.

An R-1 Form I-9 checklist

• Duties, hours (an average of at least 20 a week), pay or in-kind compensation and location match the petition.
• Form I-9 completed even if the worker is paid only in room and board.
• Section 1: "An alien authorized to work until" and the I-94 end date.
• Section 2: passport and I-94, a List B document and the I-94, or any other valid choice.
• Diary the I-94 end date, the 30-month point and the five-year maximum.
• "240-day Ext." and the filing date entered when the old authorization ends; Supplement B on approval.
• No pay from a second organization until its own petition is approved; no secular work.
• USCIS notified within 14 days if hours drop or the worker leaves early; R-2 family not employed in R-2 status.