DHS Eliminates One-Year Foreign Residency Requirement for Religious Workers
On January 14, 2026, the U.S. Department of Homeland Security (DHS) issued an interim final rule that significantly changes requirements for religious workers seeking to return to the United States after reaching their maximum period of stay. This policy impacts many religious workers, including priests, nuns, rabbis, and other clergy members who serve faith-based communities across the country.
Understanding the Change
The R-1 nonimmigrant visa category allows religious workers to temporarily work in the United States for qualifying religious organizations, with a maximum period of stay of five years. Previously, when R-1 workers reached this five-year limit, they were required to reside outside of the United States for one full year before returning on R-1 status. This requirement created disruptions for religious organizations, leaving congregations without their trusted clergy and religious workers for an extended period.
This interim final rule, which is currently in effect, eliminates the one-year foreign residency requirement. While R-1 religious workers must still depart the United States after reaching the five-year maximum, there is no longer a minimum period they must reside abroad before seeing readmission.
The Significance of the Change
The EB-4 immigrant visa category, which includes religious workers, has experienced an excess demand for many years. According to the DHS, changes implemented in 2023 significantly increased already lengthy wait times for EB-4 immigrant visas for individuals from certain countries. These delays caused many religious workers to exhaust their five-year R-1 maximum while waiting for immigrant visas to become available. By eliminating the one-year foreign residency requirement, the rule provides a pathway for these workers to maintain continuity in their religious service while navigating the immigrant visa process.
Important Things to Remember
- Departure is still required: R-1 workers must still depart the United States after reaching the five-year maximum stay. The rule does not eliminate this limit.
- Readmission requirements: Workers seeking readmission must still meet all other R-1 eligibility requirements, including demonstrating they will work in a qualifying religious occupation for a bona fide nonprofit religious organization.
- EB-4 proceeding unchanged: This rule does not address the underlying backlog in EB-4 immigrant visa processing. Religious workers seeking permanent residence may still face significant wait times.
- Interim status: This is an interim final rule, but DHS is accepting public comment for 60 days following publication in the Federal Register.
What Religious Organizations Should Do
If your organization has workers who have departed or are nearing their five-year maximum, take these steps:
- Identify eligible workers: Identify individuals who have departed after reaching the five-year maximum or who will reach this limit soon.
- Prepare new petitions: Prepare and file new Form I-129 petitions for Nonimmigrant Religious Workers for those seeking readmission. Ensure you have current documentation demonstrating the worker's qualifications, your organization's nonprofit religious status, and the continued availability of the religious position.
- Plan timing: Coordinate with religious workers regarding the timing of their return and the petition filing process.
- Consider long-term options: Given ongoing EB-4 visa backlogs, evaluate whether EB-4 immigrant visa processing remains the best pathway to permanent residence. Consider the timing of EB-4 petition filing in relation to visa bulletin priority dates and assess whether other employment-based immigrant visa categories may be available.
What Religious Workers Should Do
If you have departed or are approaching the five-year maximum:
- Contact your sponsoring organization: Confirm their continued interest in sponsoring your return.
- Maintain documentation: Keep records of your previous R-1 employment, religious qualifications, and any changes in your circumstances.
- Monitor petition status: Stay in close contact with your sponsoring organization regarding the filing and processing of your new R-1 petition.
The elimination of the one-year foreign residency requirement for R-1 religious workers represents a significant policy change benefiting religious organizations and faith-based communities nationwide. By allowing religious workers to return more quickly after reaching their five-year maximum, the rule reduces disruptions to religious services and provides greater stability for communities that depend on these workers. We recommend that religious organizations and workers affected by this policy contact the immigration department at Pasricha & Patel, LLC for help navigating this new policy and developing comprehensive plan to prepare for any upcoming R-1 petition filings.