DHS Eliminates One-Year Foreign Residency Rule for Religious Workers, Reducing Visa Wait Times

New Rule Takes Immediate Effect

The U.S. Department of Homeland Security (DHS) announced an interim final rule on January 14, 2026, that significantly alters the re-entry process for religious workers in the United States. The new rule eliminates the mandatory one-year foreign residency requirement for R-1 religious workers who have reached their statutory five-year maximum period of stay. This change is effective immediately.

Changes to R-1 Visa Requirements

Previously, R-1 religious workers who had completed their five-year maximum period of stay were required to depart the U.S. and reside abroad for at least one year before they could seek readmission in R-1 status. Under the new interim final rule, while these workers must still depart the United States after exhausting their five-year limit, there is no longer a minimum period they must reside outside the country before applying to return.

Addressing Visa Backlogs and Community Needs

The DHS stated that the rule aims to reduce wait times and minimize disruptions for faith-based communities, allowing thousands of religious workers, including priests, nuns, rabbis, and pastors, to resume their essential services more quickly. This adjustment addresses challenges stemming from extended visa backlogs, particularly within the EB-4 immigrant visa category, which has seen significant oversubscription and increased wait times in recent years. These delays often caused religious workers to exhaust their R-1 status while awaiting immigrant visa availability.

By removing the one-year residency requirement, the U.S. Citizenship and Immigration Services (USCIS) intends to provide greater continuity for faith-based communities, mitigate staffing gaps, and support organizations that rely heavily on experienced religious personnel.

Official Stance and Public Comment

A DHS spokesperson emphasized the department's commitment to protecting religious freedom, stating, 'Under the leadership of Secretary Noem, DHS is committed to protecting and preserving freedom and expression of religion. We are taking the necessary steps to ensure religious organizations can continue delivering the services that Americans depend on.' The rule also aligns with President Trump's Executive Order 14205, which established the White House Faith Office.

USCIS is currently accepting written comments and related materials for 60 days following the rule's publication in the Federal Register.