On January 14, 2026, the U.S. Department of Homeland Security (DHS) announced an interim final rule eliminating the one-year foreign residency requirement for certain religious workers in R-1 nonimmigrant status. The change allows thousands of religious workers abroad, including priests, pastors, nuns, and rabbis, to return to the United States more quickly after reaching their maximum period of stay.
Previously, R-1 religious workers who reached the statutory five-year limit were required to depart the U.S. and remain abroad for at least one year before seeking readmission. Under the new rule, while religious workers are still required to depart the United States, there is no longer a minimum period of time they must reside outside the country before applying to return in R-1 status.
DHS stated that the rule supports President Trump’s Executive Order 14205, which established the White House Faith Office and reflects the administration’s broader efforts to support religious freedom and faith-based organizations.
The rule also addresses delays tied to long-standing EB-4 immigrant visa backlogs, which have caused many religious workers to exhaust their maximum R-1 stay while awaiting immigrant visa availability. By removing the one-year foreign residency requirement, DHS aims to reduce service disruptions for religious organizations during extended processing delays.
The interim final rule is effective immediately. USCIS is accepting written public comments for 60 days following publication in the Federal Register.
Impact
This policy change allows religious organizations to bring back essential religious workers more quickly, minimizing gaps in services and leadership. While the EB-4 backlog remains unresolved, eliminating the one-year foreign residency requirement provides immediate relief for faith-based institutions and greater flexibility for religious workers navigating visa delays.
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