On January 16, 2026, the U.S. Department of Homeland Security (DHS) issued an Interim Final Rule (IFR) titled Improving Continuity for Religious Organizations and Their Employees, introducing an important policy change affecting religious organizations and their foreign national religious workers in R-1 nonimmigrant status. The rule took effect immediately and is intended to provide greater continuity and flexibility for both religious workers and the organizations they serve.
Previously, individuals in R-1 status were permitted to remain in the United States for a maximum of five years. After reaching this limit, they were required to depart the United States and remain abroad for at least one full year before becoming eligible for R-1 status again. This requirement often caused significant disruption for religious organizations, particularly in light of the substantial backlog in the EB-4 Special Immigrant Religious Worker category.
The new rule eliminates the one-year foreign residency requirement. Now, religious workers must simply depart the United States before becoming eligible for a new five-year period of R-1 status. DHS explained that this change is intended to significantly reduce disruptions for religious organizations and religious workers and to allow workers awaiting EB-4 immigrant visa availability to continue serving their organizations with minimal interruption.
Although the removal of the one-year foreign residency requirement is a positive development, questions remain regarding when the five-year clock resets. Based on the current language, it appears that religious workers must fully exhaust the five-year maximum period of R-1 status before becoming eligible for a new five-year period. An extension beyond the five-year maximum will not be approved. Thus, an employer may need to file an additional petition to recapture the remaining time before filing yet another petition to begin a new five-year period. This can result in additional costs and administrative burden, even if only a short period of time remains.
Consular processing may also present challenges, as some religious workers have experienced visa denials based on their ability to demonstrate nonimmigrant intent. In addition, the new rule does not specifically address procedures for spouses and children in R-2 dependent status when the principal R-1 worker reaches the five-year maximum. Further clarification may be necessary to ensure that dependent family members are not unnecessarily required to depart the United States, which could create additional hardship and disruption for religious worker families.
Overall, the new Interim Final Rule represents a meaningful improvement by eliminating the one-year foreign residency requirement and allowing religious workers to return more quickly to continue their service. While additional clarification and procedural improvements may still be needed, the rule is an important step toward reducing disruptions for religious organizations and supporting their ability to retain essential personnel.
If you have any questions regarding this new rule or how it may affect your organization or employees, please contact Attorney Chris Prescott at cprescott@psbplaw.com.