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4h ago

DHS Ends One-Year Abroad Requirement for R-1 Religious Workers After Five-Year Limit

The interim final rule takes effect upon Jan. 16 Federal Register publication to help congregations maintain clergy during prolonged EB-4 green card backlogs.

FILE - The Rev. Athanasius Abanulo, from Nigeria, celebrates Mass at Holy Family Catholic Church in Lanett, Ala., on Sunday, Dec. 12, 2021. He is one of numerous international clergy helping ease a U.S. priest shortage by serving in Catholic dioceses across the country. (AP Photo/Jessie Wardarski, File)
A pastor from Park Ave United Methodist Church watches as ICE agents are confronted after they detained people from a residence on January 13, 2026 in Minneapolis, Minnesota.

Overview

  • R-1 visa holders still must depart after reaching five years in status but may apply to reenter the United States immediately instead of waiting a full year.
  • DHS said the change is intended to preserve continuity of religious services and support faith-based organizations that rely on foreign clergy.
  • The rule becomes effective upon publication on Jan. 16, and U.S. Citizenship and Immigration Services will accept public comments for 60 days.
  • Longer waits for permanent residency followed a March 2023 State Department shift that placed certain migrant children in the same EB-4 queue as clergy, creating significant backlogs.
  • Immigration attorneys and the U.S. Conference of Catholic Bishops praised the move, as a related 2024 lawsuit was later dismissed to allow agency action and a 2025 bipartisan bill sought a similar fix.