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The Department of Homeland Security issued an interim final rule
allowing R-1 religious workers—such as priests, nuns, pastors, and
rabbis—to return to the United States without being subject to the prior
one-year foreign residency requirement after reaching the five-year
maximum stay. While these workers must still depart the U.S. at the end
of their authorized period, the rule removes any minimum time they must
remain abroad before seeking readmission, significantly reducing
disruptions to religious organizations and the communities they serve.
DHS framed the change as part of its commitment to protecting religious
freedom and ensuring continuity of essential faith-based services. The
rule aligns with President Trump’s Executive Order establishing the
White House Faith Office and responds to prolonged backlogs in the EB-4
immigrant visa category, which have worsened since 2023 and forced many
religious workers to exhaust their R-1 status. By eliminating the
one-year waiting period, USCIS aims to reduce clergy shortages caused by
visa delays and provide greater stability for religious institutions.
The rule is effective immediately, with DHS accepting public comments
for 60 days following publication in the Federal Register.
Contact Darren Heyman,
Las Vegas Immigration Attorney, for more information.
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