Breaking News: DHS Eliminates R-1 One-Year Abroad Requirement
- whklawfirm
- 5 days ago
- 1 min read
On January 14, 2026, the Department of Homeland Security (DHS) issued an interim final rule that fundamentally changes the residency requirements for R-1 nonimmigrant religious workers. This update removes the long-standing obligation for workers to reside outside the United States for a full year after reaching their maximum period of stay.
What has changed?
The most significant shift is the removal of the mandatory "one-year gap" between R-1 periods.
No Minimum Wait: There is no longer a required amount of time a worker must remain abroad before applying to return in R-1 status.
Immediate Re-entry: Workers may seek a new R-1 petition and re-enter the U.S. immediately after departure, provided they qualify.
Ministry Continuity: The rule is designed to reduce staffing disruptions for religious organizations and support essential services.
What remains the same?
While the residency requirement has changed, the statutory limits of the R-1 visa remain in effect:
Five-Year Cap: The total maximum stay in the U.S. is still limited to five years (60 months).
Mandatory Departure: Once the five-year limit is reached, the worker must still depart the United States.
Standard Eligibility: Petitioning organizations and workers must still meet all usual R-1 classification requirements.
Practical Implications
This change provides a vital alternative for religious workers currently affected by long EB-4 immigrant visa backlogs. It allows organizations to bring back key clergy and workers more quickly, maintaining the continuity of worship services and religious education without a mandatory 12-month interruption.
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