DHS Reduces Wait Times for Certain Religious Workers Abroad

On January 14, 2026, the Department of Homeland Security (DHS) announced that it has issued an interim final rule, effective immediately, to eliminate the one-year foreign residence requirement and allow thousands of religious workers in R-1 status, who had reached their maximum period of stay in the United States and were required to remain outside the United States before returning, to resume providing their services to “U.S. churches, mosques, synagogues, and other bona fide nonprofit religious organizations.”

DHS said the rule “significantly reduces this wait time, providing stability and minimizing disruptions for faith-based communities.” The agency said that the purpose of this change “is to promote stability and minimize disruptions to the vital services that R-1 religious workers provide to U.S. churches, mosques, synagogues, and other bona fide nonprofit religious organizations.”

The rule removes the requirement that R-1 religious workers reside outside the United States for one year when they reach the statutory five-year maximum period of stay. While R-1 religious workers are still required to depart the United States, the rule establishes that there is no longer a minimum period of time during which they must reside and be physically present outside the United States before seeking readmission in R-1 status.

This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, please contact our Partner, Catherine Betancourt at catherine@flynnhodkinson.com.