In a major policy shift with immediate impact, the U.S. Department of Homeland Security has issued an interim final rule that significantly reduces wait times for thousands of religious workers abroad. The new rule eliminates the long standing requirement that certain religious workers must remain outside the United States for one full year before returning in R-1 religious worker status.
This change provides long awaited relief for faith based organizations, houses of worship, and religious communities across the country that have faced staffing disruptions due to visa backlogs and outdated regulatory requirements.
Background: The R-1 Religious Worker Visa and the Five Year Limit
The R-1 visa allows religious workers such as priests, ministers, rabbis, nuns, and other qualifying religious professionals and non ministerial workers to live and work in the United States temporarily. Under existing law, R-1 status is capped at a maximum of five years.
Until now, once a religious worker reached that five year limit, they were required not only to depart the United States but also to remain physically outside the country for at least one full year before seeking readmission in R-1 status. This rule applied even when the religious organization still needed their services and the worker remained otherwise eligible.
For many religious communities, this mandatory one year absence caused serious hardship. Congregations were left without trusted clergy. Religious schools, hospitals, and charitable organizations lost key staff. Faith communities were forced to scramble for replacements, often with limited success.
Why the One Year Requirement Became a Bigger Problem
The problem intensified as immigrant visa backlogs in the EB-4 category grew significantly. The EB-4 category includes special immigrants, including religious workers seeking permanent residence.
In 2023, changes implemented by the Department of State dramatically increased wait times for EB-4 immigrant visas for nationals of certain countries. As a result, many religious workers found themselves unable to transition from R-1 status to permanent residence before reaching the five year maximum stay.
Once their R-1 time expired, these workers had no choice but to leave the United States and wait abroad for a year, even though their green card cases were still pending and their communities urgently needed them.
What the New DHS Rule Changes
Under the new interim final rule issued on January 14, 2026, DHS has eliminated the one year foreign residency requirement entirely.
Religious workers who reach the five year statutory maximum in R-1 status are still required to depart the United States. However, there is no longer a minimum amount of time they must remain outside the country before seeking readmission in R-1 status.
This means eligible religious workers can depart the U.S. and apply for a new R-1 visa without waiting a full year abroad. For many, this could reduce the interruption in service from twelve months to a matter of weeks or months, depending on consular processing times.
Immediate Benefits for Religious Organizations and Communities
This policy change offers meaningful stability to faith based organizations across the United States.
Religious institutions can retain experienced clergy and staff with far less disruption. Congregations can maintain continuity in spiritual leadership. Schools, shelters, and service organizations can continue their missions without prolonged vacancies.
For religious workers themselves, the rule reduces emotional and financial strain. Many have built lives in the United States and serve communities that depend on them. Shorter absences mean less upheaval for their families and congregations.
Connection to the White House Faith Office Executive Order
The new DHS rule aligns with President Trump’s Executive Order 14205, which formally establishes the White House Faith Office within the Executive Office of the President.
This executive order emphasizes the federal government’s commitment to protecting religious liberty, eliminating religious discrimination, and empowering faith based organizations to serve families and communities effectively.
The order recognizes that faith based entities often provide services with reach and effectiveness that surpass government programs, particularly at the local level. It directs federal agencies to reduce unnecessary barriers, improve access to funding opportunities, and ensure constitutional protections for religious exercise are upheld.
By removing an outdated immigration requirement that disproportionately harmed religious organizations, DHS has taken a concrete step toward advancing those policy goals.
Effective Date and Public Comment Period
The interim final rule is effective immediately. Religious workers and organizations do not need to wait for further implementation steps to benefit from the change.
USCIS is accepting written public comments for 60 days following publication of the rule in the Federal Register. While comments may influence future refinements, the current elimination of the one year foreign residency requirement remains in force during this period.
What Religious Workers and Organizations Should Do Next
Religious organizations employing R-1 workers should review the immigration history and timelines of their staff, especially those approaching or who have reached the five year maximum period of stay.
Religious workers who previously departed the United States or delayed reentry due to the one year requirement may now have new options available to them. Those with pending or planned EB-4 cases should also reassess their strategies in light of this rule change.
Because R-1 eligibility, timing, and consular processing can be complex, it is important to seek legal guidance before taking action.
Final Thoughts
The elimination of the one year foreign residency requirement marks one of the most significant improvements to religious worker immigration policy in years. It acknowledges the real world impact of visa backlogs and prioritizes continuity for faith based communities nationwide.
For religious workers and organizations navigating this transition, informed planning is key. With the right legal strategy, this change can mean less disruption, greater stability, and renewed focus on service and ministry.
If you are a religious worker or faith based organization affected by this rule, consulting with an experienced immigration attorney can help you understand how to take full advantage of this important policy update.
