Labor & Employment Law Daily Wrap Up, FEDERAL REGULATIONS—DHS issuing interim final rule benefiting religious workers seeking more time in U.S., (Jan 15, 2026)

By Brandi O. Brown, J.D.

Previously, R-1 religious workers, upon reaching the statutory five-year maximum period of stay in the United States, had to reside outside of the U.S. for one year before returning on another R-1 visa.

The U.S. Department of Homeland Security has issued an interim final rule benefiting religious organizations and their communities by removing the time constraint for return for thousands of religious workers who previously, upon the expiration of their five-year R-1 status, were required to remain outside the United States for one year before returning.

By statute, R-1 religious workers may not continuously remain in the United States in that status for more than five years but, according to DHS, the statute does not state that a R-1 religious worker must remain physically present outside of the United States for any specific period before being admitted again.

Prior rulemaking. DHS notes that the one-year period was established in a 1991 rulemaking and was based on the one-year period applicable to H-1 or L-1 nonimmigrants under the same circumstances. However, DHS contends that there are other categories of nonimmigrants that do not require a minimum period, such as P-1 (athlete) nonimmigrants.

Long waits for permanent residence. DHS explains that long waits for visas in the EB-4 category means that R-1 religious workers are not able to obtain permanent residence or file an adjustment of status application within the first five years of obtaining R-1 status. Because the current and projected demand for immigrant visas in the EB-4 category greatly exceeds the available supply, it explains, R-1 religious workers who are also the beneficiaries of an approved special immigrant religious worker petition will generally reach their five-year maximum period of stay in R-1 nonimmigrant status well before an immigrant visa becomes available to them.

Under the interim rule, therefore, an R-1 nonimmigrant who has been physically present in the United States for five continuous years, though still required to depart the United States, will not have to wait for one year. Once a new R-1 nonimmigrant petition has been approved and sent to the appropriate consulate (if applicable), and the consulate issues a new R-1 nonimmigrant visa to the alien (unless visa exempt), the alien will be able to apply for admission under that petition as an R-1 nonimmigrant for a new initial period of stay. Under this rule, there is no requirement for the alien to reside and be physically present outside the United States for any specific period of time before being readmitted as an R-1 nonimmigrant under the new approved petition.

“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,” said a DHS spokesperson. “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 interim final rule is effective tomorrow, upon its publication in the Federal Register. Comments on the entirety of this rulemaking package, identified by DHS Docket No. USCIS-2025-0403, can be made through the Federal eRulemaking Portal: http://www.regulations.gov.

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