January 22, 2026
The U.S. Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), has announced an important regulatory change that will significantly benefit religious workers and the faith-based organizations that rely on them. The new rule reduces unnecessary waiting periods for certain religious workers abroad and helps minimize disruptions caused by long immigration backlogs.
Below, we break down what changed, why it matters, and what religious organizations and workers should know going forward.
What Changed Under the New DHS Rule?
Religious workers typically enter the United States using the R-1 nonimmigrant visa, which allows them to work in a religious occupation for a maximum of five years.
Under the previous rule:
- Once an R-1 worker reached the five-year limit, they were required to leave the United States.
- They then had to remain outside the U.S. for at least one full year before becoming eligible to apply for a new R-1 visa.
- This mandatory “one-year abroad” requirement often forced churches, temples, mosques, and other religious organizations to operate without key personnel for extended periods.
Under the new DHS rule:
- The one-year foreign residency requirement has essentially been eliminated.
- Religious workers must still depart the U.S. after reaching the five-year limit, but there is no longer a required minimum amount of time they must remain abroad before applying to return.
- Eligible workers may now seek reentry much sooner, assuming they meet all other R-1 requirements.
This change is being implemented through an interim final rule, which is already in effect.
Why This Change Matters
- Reduced Disruptions for Religious Organizations
Many U.S. religious institutions depend on foreign-born clergy and religious professionals for leadership, worship services, education, and community outreach. Under the old system, congregations often faced long gaps in service when a religious worker was forced to remain abroad for a full year.
The new rule allows organizations to:
- Maintain continuity in leadership and ministry.
- Reduce staffing shortages.
- Better serve their congregations and communities.
- Relief Amid Green Card Backlogs
Many religious workers pursue permanent residence through the EB-4 immigrant visa category, which has been subject to severe backlogs in recent years. In many cases, workers reached their five-year R-1 limit while their green card applications were still pending.
Previously, the one-year waiting requirement made these delays even more disruptive. While the new rule does not eliminate EB-4 backlogs, it does provide meaningful flexibility by allowing workers to return sooner after departing the U.S.
What the Rule Does Not Do
It’s important to understand the limits of this change:
- The five-year maximum stay on R-1 status remains unchanged.
- Religious workers must still depart the U.S. once that limit is reached.
- The rule does not grant permanent residence or automatically resolve green card delays.
- All standard eligibility and admissibility requirements still apply.
In other words, this is a procedural improvement — not a complete fix to long-standing immigration backlogs.
Why DHS Made the Change
DHS has stated that the rule is intended to:
- Promote stability for religious organizations.
- Reduce unnecessary interruptions in religious services.
- Support the important role religious workers play in U.S. communities.
- Minimize regulatory burdens that do not serve a clear policy purpose.
The change reflects recognition of the unique challenges faced by religious workers navigating lengthy immigration timelines.
Practical Impact for Religious Workers and Sponsors
In practical terms, this rule means:
- Religious workers may be able to return to the U.S. weeks or months sooner, rather than waiting a full year abroad.
- Organizations can plan staffing with greater certainty.
- Workers caught in EB-4 backlogs can maintain closer ties to their U.S. communities.
Because individual circumstances vary, timing and strategy still matter — particularly for workers with pending immigrant petitions or prior periods of R-1 status.
How an Immigration Attorney Can Help
While this rule offers welcome relief, navigating R-1 extensions, departures, reentry planning, and green card strategies remain complex. Proper legal guidance can help religious organizations and workers:
- Determine eligibility under the new rule.
- Plan travel and reentry carefully.
- Avoid unintended violations of status.
- Coordinate R-1 status with long-term immigration goals.
If your organization or religious worker has questions about how this change may affect your situation, consulting with experienced immigration counsel is strongly recommended. If you would like, you may contact us directly at josh@wildeslaw.com.
