How does the application process work?

Until recently, applications for the R-1 visa could be directly submitted to the US consulates outside the US. This is no longer possible.

The application process now works as follows:

   1. an application has to be filed with the appropriate USCIS service center

The US employer has to submit the R-1 petition to the appropriate service center of US Citizenship and Immigration Services. Extensive information concerning the denomination, the future employee, the details of employment and compensation etc. has to be included and submitted to the USCIS along with form I-129 and the fees.

For an extra $1,000, premium processing is available. With premium processing, the USCIS guarantees a response (not a final decision) within 15 days. The notice of approval or denial will be sent to the US employer.

   2. Application to the consulate

Once the USCIS has issued a notice of approval (form I-797 – Approval Notice), the last step (usually) is to apply for the actual R-1 visa at the appropriate US consulate in the applicant’s home country.

HOWEVER: even with an approval notice issued by the USCIS, it is still possible for the US consulate to refuse the visa, e.g. due to formal errors or other concerns. Therefore, it is advisable to prepare this application just as carefully.