US Relaxes Re-Entry Requirements for R-1 Religious Workers

The US Department of Homeland Security has removed the requirement for certain religious workers to remain outside the United States for one year before seeking re-entry after reaching the maximum period of stay on an R-1 visa.

Under an interim final rule, clergy and non-ministerial religious workers will still be required to leave the country once they reach the statutory five-year limit on R-1 status. However, they will no longer be subject to a mandatory 12-month period abroad before applying to return. The change allows eligible workers to seek readmission without delay, reducing interruptions to religious services and staffing.

The rule follows President Trump’s Executive Order 14205, which created the White House Faith Office. The administration has said the change is intended to support continuity within religious institutions by limiting prolonged absences of clergy and other workers.

The Department of Homeland Security confirmed that the rule takes effect immediately. US Citizenship and Immigration Services will accept public comments for 60 days following its publication in the Federal Register.

The policy adjustment comes amid ongoing strain on the EB-4 visa category, which covers “special immigrants” including religious workers, certain broadcasters and some physicians. Demand has exceeded available visas for several years, and changes implemented by the Department of State in 2023 increased waiting times for applicants from multiple countries.

As a result, many religious workers have faced the risk of reaching the end of their R-1 status while awaiting progress on EB-4 applications. By removing the one-year overseas residency requirement, USCIS aims to reduce gaps in lawful status caused by visa backlogs and administrative delays.

The rule change also coincides with an approaching sunset date for non-minister religious workers under the EB-4 programme. On 12 November 2025, President Trump signed H.R. 5371 into law, extending the programme until 30 January 2026.

The extension allows non-minister religious workers, as well as their spouses and children, to immigrate or adjust to permanent resident status before the deadline. Ministers and their families are not subject to the sunset provision and remain eligible beyond that date.

The interim rule is expected to provide greater stability for religious organisations that depend on foreign-born workers for worship services, pastoral care and community programmes.