In a significant policy shift, the U.S. Department of Homeland Security (DHS) has issued an interim final rule that removes the long-standing one-year foreign residency requirement for certain R-1 religious workers who reach the maximum five-year period of stay in the United States. This change is effective immediately and is expected to bring meaningful relief to religious organizations across the country.
Why This Change Matters for Religious Organizations
For years, religious organizations faced serious operational challenges when key clergy and religious workers were forced to remain outside the United States for at least one year before seeking reentry in R-1 status. This often resulted in staffing gaps, interrupted services, and hardship for faith-based communities.
Under the new DHS rule:
- R-1 religious workers must still depart the U.S. after reaching the five-year maximum stay
- However, they are no longer required to remain outside the U.S. for a full year before applying for readmission
- This allows eligible workers to return more quickly and resume their religious duties
This update applies to a wide range of religious workers, including ministers and non-ministerial workers such as priests, nuns, rabbis, and other qualifying religious professionals.
Connection to EB-4 Visa Backlogs
The rule change also addresses ongoing delays in the EB-4 Special Immigrant Religious Worker category. Demand for EB-4 visas has exceeded annual limits for many years, and changes implemented by the Department of State in 2023 further increased wait times for certain countries.
As a result, many religious workers have been unable to transition from R-1 status to permanent residence before exhausting their five-year limit. By eliminating the one-year foreign residency requirement, DHS is helping religious organizations maintain continuity while workers navigate lengthy immigrant visa backlogs
Immediate Effect and Public Comment Period
The interim final rule is effective immediately, meaning religious organizations and workers can rely on the new policy now. USCIS has also opened a 60-day public comment period following publication in the Federal Register, allowing stakeholders to provide feedback on the rule.
Practical Impact for R-1 Employers and Workers
This change may be especially important if:
- A religious worker has reached or is approaching the five-year R-1 limit
- The organization relies on the worker for essential services
- An EB-4 immigrant petition is pending or delayed due to visa backlogs
Strategic planning is still essential, as eligibility, timing, and travel considerations can vary depending on the individual case.
How NPZ Law Group Can Help
Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C. has extensive experience assisting religious organizations and workers with R-1 visas, EB-4 petitions, extensions, and long-term immigration planning. Our team closely monitors DHS and USCIS policy updates and advises clients on how new rules may affect their immigration options.
If your organization or religious worker may benefit from this rule change, professional guidance can help ensure compliance while minimizing disruptions.
FAQ
Does this rule eliminate the five-year R-1 maximum stay?
No. The five-year statutory maximum remains in place. The rule only removes the one-year foreign residency requirement after departure.
Can R-1 workers remain in the U.S. without leaving after five years?
No. Departure is still required, but there is no longer a mandatory minimum time abroad before reapplying.
Does this change apply to EB-4 immigrant visas?
The rule does not change EB-4 visa limits, but it helps address gaps caused by long EB-4 processing delays.
Is the rule permanent?
The rule is currently an interim final rule and is effective immediately. DHS is accepting public comments for 60 days.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.