DHS Updates R-1 Religious Worker Rules, Reducing Time Abroad After Maximum Stay

The U.S. Department of Homeland Security (DHS) recently announced an important update affecting R-1 religious workers, a nonimmigrant visa category used by religious organizations to bring ministers and other religious workers to the United States.

Under a new interim final rule (IFR), DHS has removed the long-standing requirement that R-1 religious workers must reside outside the United States for one full year after reaching the statutory five-year maximum period of stay.

What Changed Under the New Rule?

Previously, once an R-1 religious worker reached the five-year limit in the U.S., they were required to depart the country and remain abroad for at least one year before seeking readmission in R-1 status.

Under the new rule:

• R-1 religious workers must still leave the United States after reaching the five-year maximum stay
• However, there is no longer a minimum period of time they must remain abroad before applying to return in R-1 status
• The rule is effective immediately

This change applies broadly to religious workers, including ministers and non-ministerial religious workers who support faith-based organizations across the country.

Why DHS Made This Change

DHS cited long-standing backlogs in the EB-4 immigrant visa category, which includes certain religious workers. In recent years, visa demand has exceeded supply, and changes implemented in 2023 further extended wait times for some applicants.

As a result, many religious workers reached the maximum allowed stay in R-1 status while waiting for immigrant visa availability. The former one-year foreign residency requirement often left religious organizations without key personnel for extended periods.

By eliminating the mandatory one-year wait abroad, DHS aims to:

• Reduce service disruptions for religious organizations
• Provide greater continuity for faith-based communities
• Allow religious workers to resume their roles more efficiently once they depart and seek readmission

What Has Not Changed

It’s important to note that the rule does not eliminate all requirements:

• R-1 workers must still depart the U.S. after reaching the five-year limit
• Each application for readmission is still subject to eligibility requirements and government review
• The change does not automatically grant extensions or approvals

What Religious Organizations and Workers Should Keep in Mind

Because this is an interim final rule, DHS is accepting public comments for 60 days following publication in the Federal Register. While the rule is currently in effect, future guidance or clarifications may follow.

Religious organizations and workers should carefully review:

• Timing of departures and reapplications
• How this rule interacts with long-term plans, including immigrant visa options
• Compliance requirements for R-1 status

Staying informed about regulatory updates like this one is an essential part of helping clients make well-timed and compliant decisions. As immigration rules continue to evolve, understanding both the opportunities and the limitations of each change is key to maintaining stability for organizations and the individuals who serve them.