The U.S. Department of Homeland Security has issued an interim final rule allowing thousands of religious workers—including priests, nuns, rabbis, and other faith-based staff—who previously were required to remain outside the United States before returning, to resume their essential services without the one-year foreign residency requirement.
The change significantly reduces wait times, providing stability for faith-based organizations and minimizing disruptions to the communities they serve. Religious workers perform duties for churches, synagogues, temples, and other faith-based organizations, including clergy, missionaries, and support staff, often requiring specific visas, such as the U.S. R-1 visa, for temporary work.
“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,” a DHS spokesperson said. “Pastors, priests, nuns, and rabbis are essential to the social and moral fabric of this country. We remain committed to finding ways to support and empower these organizations in their critical work.”
The rule aligns with the U.S. government’s Executive Order 14205, Establishment of the White House Faith Office, and removes the requirement for R-1 religious workers to reside outside the United States for one year when they reach the statutory five-year maximum period of stay. While R-1 workers are still required to depart the U.S., they no longer must remain abroad for a minimum period before seeking readmission in R-1 status.
The rule comes amid longstanding challenges in the EB-4 visa category. Demand for these visas has historically exceeded supply, and changes implemented by the Department of State in 2023 further increased wait times for immigrant visas for certain countries, including those for religious workers. These delays left many religious workers unable to extend their R-1 status, exhausting their maximum period of stay. By eliminating the one-year foreign residency requirement, USCIS is reducing the time religious organizations are left without trusted clergy and non-ministerial religious workers.
The interim final rule is effective immediately. USCIS invites written comments and related materials to be submitted within 60 days of the rule’s publication in the Federal Register.
