The US Department of Homeland Security (DHS) has published an interim final rule that removes the long‑standing requirement for certain R‑1 religious workers to remain outside the US for one year after reaching their maximum authorized period of stay. This update will allow many religious workers (such as clergy and other non‑ministerial personnel) to return to the US more quickly and continue supporting their faith communities.
Key Update
Under prior regulations, R‑1 religious workers who had reached the statutory five‑year maximum stay were required to reside abroad for at least one year before applying for readmission. The new rule eliminates this minimum foreign residency requirement. Although R‑1 workers must still depart the US after reaching the five‑year limit, they may now seek reentry without waiting a full year.
Purpose and Impact
The interim rule aims to reduce service disruptions for religious organizations that rely on clergy and essential religious personnel. Many organizations have faced challenges due to extended visa backlogs (particularly in the EB‑4 immigrant visa category), which has experienced significant oversubscription and wait‑time increases in recent years. These delays have forced many religious workers to exhaust their R‑1 status without a viable path to continue their work in the US.
By removing the one‑year residency requirement, DHS intends to:
- Provide greater continuity for faith‑based communities
- Mitigate staffing gaps created by visa processing delays
- Support organizations whose operations depend heavily on experienced religious workers
Background
This update aligns with Executive Order 14205, which established the White House Faith Office. The rule supports the administration’s efforts to facilitate the work of religious organizations and ensure access to essential spiritual and community services.
The interim final rule is effective immediately. DHS and USCIS are accepting written comments and related feedback for 60 days following publication in the Federal Register.
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.