New Rule for US Employers of Religious Workers

By C. Matthew Schulz

After a religious worker reaches the five-year R-1 maximum, the worker still must depart the United States—but DHS no longer requires a one-year stay abroad before the worker can seek readmission.

On January 16, 2026, DHS issued an interim final rule that removes the long-standing requirement that many R-1 religious workers spend a full year outside the United States after reaching the five-year maximum period of stay before they can return in R-1 status. The five-year cap still applies, but religious workers can now depart and seek readmission under a new R-1 approval without a mandatory one-year “cooling off” period, reducing service disruptions for U.S. faith communities. 

New Rule

DHS published the rule in the Federal Register as “Improving Continuity for Religious Organizations and Their Employees,” effective January 16, 2026, with a post-promulgation comment period closing March 17, 2026. 

The regulation at 8 CFR 214.2(r)(6) is changed to state that an R-1 who has spent five years in the United States in R-1 status cannot receive an extension, must depart, but faces “no minimum period of time” outside the United States before seeking readmission as an R-1 (assuming the worker otherwise qualifies). 

A review of the USCIS Policy Manual guidance on R-1 “Period of Stay,” you will still see the older framework focused on the 30-month increments and the five-year cap, because that chapter predates the January 2026 regulatory update. The agency needs to update its Policy Manual.

How the rule worked before

R-1 status has long operated in two main steps. 

First, USCIS grants R-1 in increments of up to 30 months and allows one extension of up to 30 months, with a statutory maximum total stay of 60 months (five years). 

Second, before this 2026 change, DHS regulations added a separate barrier after the five-year cap: many R-1 workers could not return in R-1 status unless they “resided abroad and [were] physically present outside the United States for one year.” DHS described that requirement in the Federal Register and emphasized that only limited exceptions existed. 

Those exceptions (both before and after the 2026 change) include (1) certain workers whose U.S. employment was seasonal or intermittent or totaled six months or less per year, and (2) certain cross-border commuters who reside abroad and regularly commute to the United States for part-time work, supported by “clear and convincing” proof. 

Why DHS says it made the change

DHS framed the interim final rule as a narrow fix to a growing continuity problem. 

In the Federal Register, DHS explained that the one-year abroad requirement had become “disruptive” because of “very long” waits for EB-4 immigrant visas, which can prevent religious workers from staying through the transition to permanent residence. DHS’s stated goal is to “significantly reduce disruptions” for religious organizations that want to retain workers who reach the five-year R-1 maximum while waiting for EB-4 visa availability. 

DHS also explained the mechanics of the relief: a worker who hits five years still must depart, but once USCIS approves a new R-1 petition (and the worker obtains a new visa, if required), the worker can apply for admission again for a new initial period of stay—without an imposed minimum time outside the United States. 

Major media reaction and coverage

Major outlets covered the change as a practical continuity measure for congregations that rely on foreign-born clergy and other religious workers. The Associated Press reported that DHS removed the one-year departure requirement after the five-year maximum and that workers will still need to depart but may apply to return right away, which reduces disruption to U.S. faith communities. 

CBS News (via AP) similarly highlighted the same operational point—departure still required, but no required year abroad—and framed the rule as a loosening of an immigration restriction intended to reduce disruption for congregations and institutions that depend on R-1 workers. 

What changed

The interim final rule targets the post–five-year “restart” rule in 8 CFR 214.2(r)(6). The updated regulation now states:

An R-1 who has spent five years in the United States in R-1 status may not receive an extension. The worker must depart after reaching the five-year admission period. There is no minimum time abroad required before the worker seeks readmission as an R-1, provided the worker otherwise qualifies. 

In other words, DHS eliminated the mandatory one-year absence. 

R-1 backgrounder: purpose and core requirements

Congress created the modern R-1 nonimmigrant to give religious organizations a dedicated temporary-worker category better suited to religious employment than business-visitor or general work categories. DHS summarizes that legislative and regulatory history in the Federal Register. 

Among other requirements, R-1 visa requires:

• The applicant be a member of a religious denomination that has a bona fide nonprofit religious organization in the United States for at least two years immediately preceding the application; come to work at least part time (average 20 hours per week); come “solely” as a minister or to perform a qualifying religious vocation or religious occupation; work for the petitioning organization; and not work in the United States in any other capacity (subject to limited multi-employer petition rules). 

• The petitioning organization must generally establish its tax-exempt religious or affiliated nonprofit status and provide detailed attestations about the offered role, duties, compensation, work hours, and work location(s). 

Examples of religious workers and roles

The regulation’s definitions help explain what counts—and what does not. A “religious vocation” involves a formal lifetime commitment through vows or similar indicia, with explicit examples such as nuns, monks, and religious brothers and sisters. 

A “religious occupation” must involve duties that primarily relate to a traditional religious function and that clearly involve carrying out the denomination’s creed and beliefs. The definition excludes roles that are primarily administrative or support, such as janitors, maintenance workers, clerical employees, and fundraisers, even if the organization is religious (though incidental administrative duties can be permissible). 

With that framework in mind, common real-world examples include priests, rabbis, imams/mullahs, pastors, ministers, monks/nuns, and religious instructors or teachers whose primary duties involve teaching doctrine and carrying out religious functions. 

Healthcare roles can fit only when the position qualifies as a religious vocation or a religious occupation under the regulation’s definition. For example, a member of a religious order assigned to ministry through healthcare may qualify, but a standard hospital nurse or physician role usually will not qualify if the duties are primarily secular clinical services rather than religious functions. 

Why this is an “interim”, rather than a final, rule, and what that means

DHS issued this change as an “interim final rule with request for comments,” effective immediately on January 16, 2026, rather than waiting for the usual notice-and-comment sequence to conclude. The Federal Register notice sets the effective date and the comment deadline, and DHS invites post-promulgation input through the federal rulemaking docket. 

An interim final rule does not “expire” on its own unless the agency builds in a sunset date. Here, the rule took effect on publication and remains in force unless DHS later revises it through subsequent rulemaking. Employers and workers do not need to wait for another implementation step before relying on the updated regulatory text. 

Practical takeaways for religious organizations and R-1 workers

The five-year maximum stay remains. The rule does not authorize extensions beyond five years in R-1 status. It changes what happens next: departure remains mandatory, but the one-year wait abroad no longer blocks a quick return. 

Planning still matters. DHS explicitly contemplated a “new R-1 petition” approved by USCIS (and a new visa, if required) as the pathway to readmission after departure, and it noted that employers may file the new petition in advance of the worker reaching the five-year maximum to minimize time abroad. 

As always, the label “religious worker” does not automatically mean “R-1 eligible.” The duties and role design must match the regulatory definitions, and purely support or primarily secular roles will not qualify even at a religious institution.

More Information 

For more information, see Visa Pathways For Religious Workers.