WASHINGTON, D.C. — January 14, 2026 — Religious workers in the United States on R-1 visas have received significant relief following a new rule issued by the Department of Homeland Security. Under longstanding immigration regulations, R-1 religious workers, including pastors, priests, nuns, rabbis, imams, and other faith-based professionals, are permitted to work in the United States for a maximum period of five years. If they were unable to obtain permanent residence within that five-year window, they were required to depart the United States and remain abroad for a full year before becoming eligible to return in R-1 status.
This one-year stay abroad requirement has been in place for many years and has increasingly created hardship for religious organizations, particularly as immigrant visa backlogs in the EB-4 special immigrant religious worker category have grown longer. Many religious workers have exhausted their five-year R-1 limit while waiting for a green card, forcing congregations to operate without their trusted clergy and religious staff for extended periods.
In a press release issued on January 14, 2026, the Department of Homeland Security announced that it has issued an interim final rule eliminating the one-year foreign residency requirement for R-1 religious workers who reach the statutory five-year maximum period of stay. Under the new rule, R-1 workers must still depart the United States once they reach the five-year limit, but they will no longer be required to remain outside the country for a minimum of one year before seeking readmission in R-1 status.
The interim final rule is scheduled for publication in the Federal Register in mid-January 2026 and will take effect immediately upon publication. DHS has opened a 60-day public comment period to allow stakeholders and members of the public to submit written feedback on the rule. Because the regulation is being issued as an interim final rule, its provisions are effective immediately and do not depend on the completion of the public comment process.
According to DHS, the rule is intended to reduce unnecessary disruptions to religious services and ensure continuity for faith-based communities across the United States. While the five-year statutory limit on R-1 status remains unchanged, the elimination of the one-year waiting period allows religious workers to depart the country and seek reentry without a prolonged absence, significantly shortening the time congregations are left without religious leadership.
Many religious organizations have welcomed the rule as a major relief. Faith leaders have long raised concerns that the year-long absence requirement caused deep disruptions in ministry, pastoral care, and community services, particularly in smaller congregations and immigrant communities. The new policy is expected to help religious institutions maintain continuity and stability while broader challenges related to immigrant visa backlogs remain unresolved.
The rule reflects a broader policy shift by the Trump administration toward reducing regulatory barriers that interfere with religious exercise and the ability of faith-based organizations to serve their communities. While it does not increase the number of immigrant visas available for religious workers, the change removes one of the most burdensome consequences of the existing backlog system and allows religious workers to resume their essential services more quickly.
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