DHS Reduces Wait Times for Thousands of Religious Workers Abroad: A Welcome Policy Shift
On January 14, 2026, the U.S. Department of Homeland Security (DHS) announced a game-changing interim final rule that eliminates the one-year foreign residency requirement for R-1 nonimmigrant religious workers who reach their statutory five-year maximum stay in the United States.
This long-awaited update directly addresses persistent challenges faced by faith-based communities—churches, mosques, synagogues, temples, and other nonprofit religious organizations—due to visa backlogs and delays in the EB-4 immigrant category for religious workers. Previously, priests, nuns, rabbis, pastors, and non-ministerial religious staff had to leave the U.S. after five years and remain abroad for a full year before becoming eligible to return in R-1 status. These forced absences often left congregations without trusted spiritual leaders, disrupting worship, pastoral care, education, and community services.
Under the new rule—effective immediately—R-1 religious workers must still depart the U.S. upon reaching the five-year cap, but there is no longer a minimum period they must spend outside the country before seeking readmission. Once a new petition is approved and any visa stamping is completed, qualified workers can return much sooner, providing greater continuity and stability for religious organizations.
The update reflects a continued commitment to protecting and empowering religious organizations. Pastors, priests, rabbis, nuns, and other spiritual leaders play a vital role in the social and moral fabric of communities. By providing greater flexibility for R-1 religious workers, the new rule helps faith-based organizations maintain continuity in worship, education, pastoral care, and community services, ensuring they can continue their critical work without prolonged interruptions.
The policy was driven by years of EB-4 visa demand exceeding supply, exacerbated by 2023 Department of State changes that lengthened immigrant visa wait times for workers from certain countries. By removing the one-year abroad hurdle, USCIS reduces the time faith communities are without their clergy, helping maintain essential services amid ongoing backlogs.
USCIS is accepting public comments for 60 days following the rule's publication in the Federal Register.
For religious organizations navigating R-1 visas or related immigration matters, this development offers immediate relief and flexibility. At UNILAW Global, we specialize in guiding faith-based groups through complex U.S. immigration processes with secure, compliant solutions.
Contact us at UNILAW Global to discuss how we can assist with your immigration needs and ensure smooth continuity for your community.