USCIS Eliminates One-Year Waiting Period for Returning R-1 Religious Workers

Religious organizations received welcome news this week as U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance implementing a significant change to the R-1 religious worker program.

What’s Changed?

Effective January 16, 2026, R-1 religious workers who have reached the five-year maximum period of stay are no longer required to remain outside the United States for one year before returning in R-1 status.

Under the prior regulation, an R-1 worker who reached the statutory five-year limit had to spend at least one year abroad before becoming eligible for a new period of R-1 admission. DHS eliminated that requirement to reduce disruptions for nonprofit religious organizations that rely on experienced clergy and other religious workers.

What Remains the Same?

The five-year statutory cap has not changed.

R-1 workers must still depart the United States after reaching the maximum period of stay. However, once a new R-1 petition is approved, they may seek readmission without waiting one year abroad. A new five-year period begins upon admission to the United States under the new petition.

Who Benefits?

The updated policy applies regardless of whether the beneficiary was inside or outside the United States on January 16, 2026, and regardless of whether an R-1 petition was pending or already approved on that date. USCIS is applying the guidance to requests pending or filed on or after January 16, 2026.

Why It Matters

The policy change promotes continuity for religious organizations by allowing experienced religious workers to return much sooner after completing their maximum period of stay. The elimination of the mandatory one-year absence should reduce staffing disruptions, simplify workforce planning, and provide greater flexibility for qualifying nonprofit religious employers.

Conclusion: While R-1 workers must still leave the United States after completing five years in R-1 status, the long-standing one-year waiting period before returning has been eliminated—a practical and welcome change for religious organizations and the communities they serve.