DHS Drops 1-Year Wait for R-1 Workers

Q: What was the one-year requirement?

After reaching the five-year maximum in R-1 status, a religious worker previously had to reside outside the U.S. for one year before returning in R-1 status.

Q: What changed on January 14, 2026?

DHS eliminated the one-year foreign-residency requirement. R-1 workers still must depart at the five-year cap, but there is no longer a minimum time they must remain abroad before seeking readmission.

Q: Does this apply to all religious workers?

It concerns R-1 nonimmigrant religious workers and the five-year maximum stay. Specific eligibility and timing are fact-dependent — confirm how it applies to your situation.

By Carlos Maury · January 14, 2026 ·3 min read

In a welcome change for faith communities, the Department of Homeland Security announced on January 14, 2026 an interim final rule that removes the one-year foreign-residency requirement for R-1 religious workers who have reached the maximum period of stay. For congregations that depend on priests, nuns, rabbis, pastors, and other religious workers, this means far less disruption to essential services.

This is general information about a current rule, not legal advice. Confirm the details at uscis.gov.

What changed

The R-1 nonimmigrant category allows religious workers to serve in the United States for a statutory maximum of five years. Previously, after reaching that five-year cap, an R-1 worker had to reside outside the United States for one year before they could return in R-1 status — a year-long gap that could leave a congregation without a key minister or religious worker.

Under the new rule:

R-1 religious workers still must depart the U.S. when they reach the five-year maximum; but
There is no longer a minimum period they must live and be physically present outside the U.S. before seeking readmission in R-1 status.

In short, the one-year wait abroad is eliminated. DHS framed the change as supporting religious organizations and the communities they serve, consistent with Executive Order 14205.

What this means

For religious organizations: less disruption. A valued religious worker who has hit the five-year cap may be able to return much sooner, helping maintain continuity of services.
For R-1 workers: the path back after the five-year maximum is shorter, though the requirement to depart and the rest of the R-1 rules still apply.
Planning still matters. R-1 timing, the five-year cap, and any move toward a permanent religious-worker (EB-4 special immigrant) option all benefit from advance planning.

Why this matters

Faith communities often rely on a single religious worker whose absence is keenly felt. Removing a mandatory year abroad means congregations can keep the people who serve them without a long, disruptive gap — a practical, humane improvement.

How we can help

If your organization sponsors religious workers, or you are an R-1 worker approaching the five-year maximum, we can help you plan the timing, the return, and any longer-term options. As a firm led by a former U.S. Immigration Judge, we help faith-based organizations and the people who serve them. To plan ahead, contact us.

Frequently asked questions

What was the one-year requirement?

After reaching the five-year maximum in R-1 status, a religious worker previously had to reside outside the U.S. for one year before returning in R-1 status.

What changed on January 14, 2026?

DHS eliminated the one-year foreign-residency requirement. R-1 workers still must depart at the five-year cap, but there is no longer a minimum time they must remain abroad before seeking readmission.

Does this apply to all religious workers?

It concerns R-1 nonimmigrant religious workers and the five-year maximum stay. Specific eligibility and timing are fact-dependent — confirm how it applies to your situation.

This article is general legal information about a current rule, not legal advice, and does not create an attorney–client relationship. Rules change; confirm the current requirements at uscis.gov and consult a qualified attorney about your specific situation.