The Department of Homeland Security (DHS) has issued an interim final rule that eliminates the requirement for R-1 religious workers to reside outside the United States for one year after reaching their five-year maximum stay. This change, which took effect on January 16, 2026, is intended to provide greater stability for religious organizations and their employees. The previous rule caused significant disruptions for U.S. churches, mosques, synagogues, and other religious institutions that rely on foreign-born religious workers. The change is also a response to the extensive backlogs in the EB-4 immigrant visa category, which have made it nearly impossible for many R-1 workers to transition to permanent residency within their five-year stay. While faith groups have praised the change as a positive step, many are urging DHS to provide further relief, such as allowing religious workers with approved I-360 petitions to remain in the U.S. with work authorization while they wait for a visa to become available.
DHS Eases Rules for R-1 Religious Workers, Eliminating One-Year Exit Requirement
DHS has eliminated the one-year foreign residence requirement for R-1 religious workers, providing greater stability for religious organizations and their employees.
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 leave the U.S. for one year before they can be readmitted.
- Who Should Be Concerned: R-1 visa holders, their families, and the religious organizations that employ them.
- Timeline for Action: This rule is already in effect. Religious organizations can now file for extensions of stay for their R-1 employees without the one-year gap.
- Next Steps: Religious organizations should consult with their immigration attorney to review the status of their R-1 employees and plan for future extensions. R-1 workers nearing their five-year limit should discuss their options with their employer and legal counsel.
Source: Dallasexpress.com