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The U.S. Department of Homeland Security (DHS) has issued an interim final rule removing the long-standing one-year foreign residency requirement for certain R-1 religious workers who reach the maximum five-year stay in the United States.
The change is effective immediately and is expected to provide meaningful relief for religious organizations and workers affected by staffing disruptions and long-term visa backlogs.
What Changed
Previously, many R-1 religious workers who reached their five-year maximum stay were required to leave the United States and remain abroad for at least one year before they could apply again for R-1 status.
Under the new rule:
- R-1 workers must still depart the U.S. after reaching the five-year maximum stay
- They are no longer required to remain outside the U.S. for one full year
- Eligible workers may reapply and return more quickly
This allows organizations to reduce interruptions and maintain continuity in religious services.
Who May Benefit
The update may benefit a range of qualifying religious workers, including:
- Ministers
- Priests
- Nuns
- Rabbis
- Other eligible non-ministerial religious workers
Organizations that rely on these workers for essential services may now have more flexibility in long-term planning.
Connection to EB-4 Backlogs
This rule also comes amid ongoing delays in the EB-4 Special Immigrant Religious Worker category.
Many religious workers have faced challenges transitioning from R-1 status to permanent residence before reaching their five-year limit due to visa backlogs and annual caps.
By removing the one-year waiting period abroad, DHS offers a temporary solution that may help organizations retain key workers while immigrant petitions remain pending.
Effective Immediately
The interim final rule is already in effect.
DHS has also opened a 60-day public comment period, allowing stakeholders to provide feedback before any future finalization or revisions.
Practical Considerations
This update may be especially important if:
- A worker is approaching the five-year R-1 limit
- Your organization depends on that worker for ongoing operations
- An EB-4 petition is pending or delayed
Even with this change, timing, travel planning, and eligibility should still be reviewed carefully based on the individual case.
Key Takeaway
The elimination of the one-year foreign residency requirement is a significant change for R-1 religious workers and the organizations that depend on them. While the five-year maximum stay remains in place, eligible workers may now return sooner after departure, helping reduce staffing gaps caused by lengthy immigration backlogs.
If your organization or religious worker may be affected by this update, it is important to evaluate available options and plan strategically. To discuss your situation, you may schedule a consultation with the Law Office of Jacqueline Lentini, LLC by calling 630-262-1435 or emailing jacki@lentinivisas.com.