In an important immigration policy update, on January 14, 2026, the U.S. Department of Homeland Security (DHS) has announced a change that will significantly reduce wait times for thousands of religious workers abroad. The new rule eliminates a long-standing requirement that previously forced many religious workers to remain outside the United States for a full year before becoming eligible to return in R-1 status.
This development is expected to ease disruptions for religious organizations across the country and provide greater continuity for congregations and faith-based communities.
What Changed Under the R-1 Religious Worker Visa Rules?
The R-1 religious worker visa allows ministers and certain religious professionals to temporarily work in the United States for qualifying nonprofit religious organizations. Under prior regulations, R-1 workers were limited to a maximum stay of five years. Once that limit was reached, the worker was required to depart the United States and remain abroad for at least one year before applying again for R-1 status.
DHS has now removed that one-year foreign residency requirement. While religious workers must still depart the U.S. after reaching the maximum period of stay, they are no longer required to wait a full year abroad before seeking readmission.
Why DHS Made This Change
DHS acknowledged that the prior rule often created unnecessary hardship for religious organizations, particularly given ongoing backlogs in the EB-4 immigrant visa category, which many religious workers rely on to pursue permanent residence.
Extended processing delays meant that some religious workers exhausted their R-1 time while waiting for immigrant visa availability, resulting in prolonged absences and service interruptions. By eliminating the one-year waiting period, DHS aims to reduce gaps in service while maintaining oversight of the R-1 visa program.
Who Benefits From the New Rule?
This update is especially beneficial for:
- Churches and faith-based nonprofit organizations
- Ministers and religious workers serving U.S. congregations
- Organizations affected by EB-4 visa backlogs
- Religious institutions seeking continuity in leadership and programming
The rule allows qualified religious workers to return to the U.S. more quickly, helping organizations maintain stability and consistency.
Important Limitations to Keep in Mind
Although this change offers meaningful relief, it does not remove all restrictions. Religious workers must still comply with maximum stay limits and must depart the United States when required. The rule simply eliminates the additional one-year waiting period abroad—it does not grant automatic extensions or permanent immigration status.
Because immigration cases are highly fact-specific, careful planning remains essential.
How an Immigration Attorney Can Help
Religious organizations and foreign national religious workers should consult with an immigration attorney to understand how this rule fits into their long-term immigration strategy. Proper timing, documentation, and coordination with EB-4 filings can help avoid compliance issues and unnecessary delays.
L. P. Taylor Law works with clients to navigate immigration matters thoughtfully and strategically.
