The U.S. Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), has issued an interim final rule that significantly impacts religious workers holding R-1 nonimmigrant status. Effective immediately, the rule eliminates the long-standing requirement that certain R-1 religious workers reside abroad for one year after reaching the statutory five-year maximum period of stay before seeking reentry to the United States.
This regulatory change provides meaningful relief to religious organizations across the country and to foreign national clergy and religious workers who support faith-based communities in the United States.
Overview of the R-1 Religious Worker Visa
The R-1 visa allows foreign nationals to temporarily enter the United States to work as ministers or in qualifying religious vocations or occupations for bona fide nonprofit religious organizations. Under the Immigration and Nationality Act (INA), R-1 status is capped at a maximum aggregate stay of five years.
Historically, once that five-year limit was reached, the religious worker was required to depart the United States and remain abroad for at least one full year before becoming eligible to seek readmission in R-1 status. This requirement often resulted in prolonged staffing gaps and operational disruptions for religious institutions.
What Has Changed Under the New DHS Rule
Under the newly issued interim final rule:
- R-1 religious workers must still depart the United States after reaching the five-year statutory maximum period of stay; however
- There is no longer a mandatory minimum period that the individual must remain outside the U.S. before applying for readmission in R-1 status.
In practical terms, this means that eligible religious workers may seek reentry in R-1 classification without waiting one year abroad, provided all other statutory and regulatory requirements are met.
USCIS has confirmed that this policy change is intended to reduce unnecessary disruptions to religious services and ensure continuity for faith-based organizations and their communities.
Government Policy Context and Legal Authority
The rule is consistent with DHS’s authority to interpret and implement nonimmigrant visa regulations under the INA. DHS has indicated that the change supports broader federal policy objectives related to religious freedom and institutional stability, as reflected in recent White House initiatives focused on faith-based engagement.
Additionally, the change acknowledges longstanding visa backlogs in the EB-4 immigrant religious worker category, which are administered by the U.S. Department of State. Since 2023, immigrant visa availability for certain EB-4 religious workers has become severely backlogged for nationals of specific countries, causing many R-1 workers to reach their maximum stay without a viable immigrant pathway.
By removing the one-year foreign residency requirement, USCIS aims to mitigate the impact of these delays while remaining within statutory limits.
Who Benefits from This Change
This regulatory update is particularly important for:
- Ministers, priests, rabbis, imams, nuns, and other religious professionals
- Non-ministerial religious workers in qualifying roles
- U.S. religious organizations reliant on long-serving foreign national staff
- Foreign nationals affected by EB-4 visa retrogression or delays
For religious institutions, the rule promotes continuity of leadership and services. For foreign national workers, it reduces prolonged separation from U.S. congregations and communities.
Compliance and Next Steps
While the rule is effective immediately, USCIS has invited public comment during the designated Federal Register comment period. Religious workers and sponsoring organizations should continue to ensure strict compliance with:
- R-1 eligibility requirements
- Documentary evidence standards
- Travel, petition filing, and admission procedures
Each case is fact-specific, and improper timing or filing could still result in denial or inadmissibility issues.
How Ahluwalia Law Offices Can Assist
Ahluwalia Law Offices regularly advises religious organizations, foreign nationals, and international investors on complex U.S. immigration matters. Our firm assists with:
- R-1 visa petitions and extensions
- Strategic planning after the five-year maximum stay
- Consular processing and reentry strategies
- Long-term immigration options, including EB-4 and alternative pathways
Given the evolving regulatory landscape, qualified legal counsel is essential to ensure compliance with USCIS and DHS requirements.
