DHS Eliminates the One-Year Waiting Period for R-1 Religious Workers Abroad

The US Department of Homeland Security recently issued an important rule affecting R-1 nonimmigrant religious workers. This update removes the requirement that religious workers remain outside the United States for one full year after reaching the five-year maximum period of stay on their R-1 before becoming eligible to return in R-1 status.

Under prior rules, once an R-1 worker reached the statutory five-year limit in the United States, they were required to depart the country and remain abroad for at least twelve months before seeking readmission. This requirement often caused prolonged staffing gaps for religious organizations and interrupted ministry operations besides the hardship it caused R-1 workers having to pick up and leave the US for a year after building their temporary life here.

Under the new rule, while the five-year maximum stay in R-1 status remains unchanged, the one-year waiting period abroad has been eliminated. Religious workers must still depart the United States upon reaching the five-year limit, but they may now apply to return in R-1 status without waiting an additional year outside the country.

This change significantly reduces unnecessary disruption for religious institutions that rely on foreign-born clergy and religious workers. By shortening the required time abroad, organizations can maintain greater continuity in leadership, education, and community services.