# DHS Drops 1-Year Wait for R-1 Workers

> A new rule drops the one-year foreign-residency requirement for R-1 religious workers at the 5-year maximum stay. What changed and who it helps.

- Source: https://carlosmaury.law/news/dhs-eliminates-one-year-foreign-residency-r-1-religious-workers
- Author: Carlos Maury Law
- Published: 2026-01-14
- Topics: R-1 religious worker, one year foreign residency requirement, R-1 five year maximum, religious worker visa rule 2026, R-1 readmission

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](https://www.uscis.gov/newsroom/news-releases/dhs-reduces-wait-times-for-thousands-of-religious-workers-abroad)**.

## 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](/contact).

## 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](https://www.uscis.gov) and consult a qualified attorney about your specific situation.

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*General legal information from Carlos Maury Law — not legal advice. https://carlosmaury.law/news/dhs-eliminates-one-year-foreign-residency-r-1-religious-workers*