In a significant policy shift, the Department of Homeland Security (DHS) has issued an interim final rule that eliminates the one-year foreign residency requirement for R-1 nonimmigrant religious workers. This change, effective January 14, 2026, provides immediate relief to thousands of religious organizations and their workers, including priests, nuns, and rabbis, who previously faced lengthy disruptions to their service in the United States. Under the old policy, religious workers who reached their five-year maximum stay in the U.S. were required to reside and be physically present outside the country for a full year before they could be readmitted in R-1 status. The new rule removes this mandatory waiting period, allowing religious workers to seek readmission without a minimum period of time abroad. This policy change is a direct response to the growing backlogs in the EB-4 visa category, which have been exacerbated by changes made by the Department of State in 2023. These backlogs have caused many religious workers to exhaust their R-1 status, leaving their communities without essential spiritual leaders and support staff. The new rule aims to provide stability for faith-based communities and minimize disruptions to their vital work. The rule is effective immediately, and USCIS is accepting public comments for 60 days.
DHS Eases Path for Religious Workers: One-Year Wait Requirement Eliminated for R-1 Visas
DHS has eliminated the one-year foreign residency requirement for R-1 religious workers, allowing them to return to the U.S. without a mandatory waiting period after reaching their five-year maximum stay.
What This Means for You:
- Key Point 1: R-1 religious workers who have reached their five-year maximum stay are no longer required to live outside the U.S. for one year before being eligible for a new R-1 visa.
- Who Should Be Concerned: Religious organizations and their R-1 employees who are nearing or have reached their five-year maximum stay.
- Timeline for Action: The rule is effective immediately. Religious workers who have departed the U.S. may be eligible to apply for a new R-1 visa without waiting a full year.
- Next Steps: Religious organizations should consult with an immigration attorney to determine the best course of action for their R-1 employees. This may include filing a new R-1 petition for workers who are currently abroad or planning for future visa applications.
Source: Uscis.gov
