WASHINGTON – The U.S. Department of Homeland Security has issued an interim final rule to religious organizations and their communities allowing thousands of religious workers—including priests, nuns, and rabbis—that previously were required to remain outside the United States before returning, to resume their essential services. This rule significantly reduces this wait time, providing stability and minimizing disruptions for faith-based communities.
“Under the leadership of Secretary Noem, DHS is committed to protecting and preserving freedom and expression of religion. We are taking the necessary steps to ensure religious organizations can continue delivering the services that Americans depend on,” said a DHS spokesperson. “Pastors, priests, nuns, and rabbis are essential to the social and moral fabric of this country. We remain committed to finding ways to support and empower these organizations in their critical work.”
The rule supports President Trump’s Executive Order (E.O.) 14205, Establishment of the White House Faith Office and removes the requirement for R-1 religious workers to 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 U.S., the rule establishes that there is no longer a minimum period of time they must reside and be physically present outside the U.S. before they seek readmission in R-1 status.
The demand for visas within the EB-4 category has exceeded the supply for many years. Changes implemented by the Department of State in 2023 significantly increased the already lengthy wait times for immigrant visas in the EB-4 category for aliens from certain countries, including for religious workers. These delays have caused many religious workers to exhaust their maximum period of stay in R-1 status. By eliminating the one-year foreign residency requirement, USCIS is reducing the time religious organizations are left without their trusted clergy and non-ministerial religious workers.
The interim final rule is effective immediately. USCIS invites written comments and related materials submitted within 60 days of the rule’s publication in the Federal Register.