R-1 Religious Workers No Longer Required to Spend 1 Year Abroad Before Returning to the US

What Changed

Effective January 16, 2026, the U.S. Department of Homeland Security (DHS) has removed the requirement that R-1 religious workers who reach the end of their 5-year maximum stay must live outside the United States for one full year before they can return in R-1 status.

Under the old rule (8 CFR 214.2(r)(6)), once a religious worker maxed out their allowed time in the US — up to 60 months total — they were forced to depart and remain abroad for at least one year before being eligible to come back as an R-1 worker. This often left US religious communities without key staff for extended periods.

Under the new rule, a religious worker must still leave the United States when they hit the 5-year limit. However, there is no longer any minimum time they must spend abroad before applying to re-enter in R-1 status. In theory, they could depart and return as soon as a new petition is approved and a visa is issued.

Why This Matters

Many R-1 religious workers are sponsored by their religious organizations for permanent residence (a green card) through the EB-4 special immigrant religious worker category. However, the EB-4 visa backlog — driven largely by demand from special immigrant juveniles who share that category — is severe. Workers can face years-long waits before an immigrant visa becomes available.

During that wait, workers on R-1 status who hit the 5-year cap were previously stuck abroad for a full year, leaving their congregations, mosques, synagogues, or other faith communities without key religious leadership or staff. This rule change directly addresses that problem by eliminating the mandatory waiting period.

Who Is Affected

• R-1 nonimmigrant religious workers who have reached or are approaching the 5-year maximum period of stay
• R-2 dependents (spouses and unmarried children under 21) of R-1 workers, who are subject to the same restrictions as the principal worker — they also benefit from this change
• US religious organizations (churches, mosques, synagogues, and other bona fide nonprofit religious organizations) that employ R-1 workers

Note: Workers who never hit the 5-year cap because their work was seasonal, intermittent, or averaged six months or less per year were already exempt from the old requirement. That exception remains unchanged.

Key Details on the R-1 Visa

• R-1 status is initially granted for up to 30 months, with one extension possible for up to another 30 months — a 5-year total maximum.
• Spouses and children admitted in R-2 status are subject to the same limits as the principal R-1 worker.
• An approved EB-4 immigrant petition does not by itself allow a worker to stay beyond the 5-year cap or skip the departure requirement — the worker must still leave and re-enter.

How This Rule Was Issued

DHS issued this as an interim final rule (IFR), which means it took effect immediately without a prior public comment period. DHS cited "good cause" for bypassing normal notice-and-comment procedures, pointing to the significant disruption caused by the 1-year wait and the long EB-4 backlogs. The public can still submit comments through March 17, 2026, and DHS may issue a final rule based on feedback received.