The U.S. Department of Homeland Security (DHS) has issued a regulatory update that significantly shortens the time many foreign religious workers must wait before returning to the United States after reaching their visa limit. The change was announced on January 14, 2026 through an interim final rule issued by DHS and implemented by U.S. Citizenship and Immigration Services (USCIS).
Under the previous rule, religious workers in R-1 nonimmigrant status including pastors, priests, imams, rabbis, nuns, and other faith-based professionals were required to depart the U.S. after their five-year maximum stay and remain abroad for at least one full year before becoming eligible to return. That requirement often forced faith communities to go without critical religious leadership for long periods.
The new DHS rule removes the mandatory one-year foreign residency requirement for these workers. While R-1 visa holders must still depart the United States once their authorized stay ends, they no longer have to spend a fixed year abroad before seeking to reenter the U.S. under a new R-1 visa. This change is designed to help religious organizations avoid prolonged gaps in staffing and support continuous service to their communities.
What This Means in Practical Terms
- Shorter waits: Religious workers who previously had to wait a full year overseas can now more quickly reapply for an R-1 visa and return to the United States.
- Greater continuity: Churches, mosques, synagogues, temples, and other nonprofit religious organizations can keep essential leaders and staff on the job with less interruption.
- Addresses visa backlogs: The rule also helps partially ease the effects of long processing delays in the EB-4 immigrant visa category, which many R-1 workers rely on for permanent residency.
