No More Year-Long Wait: What New DHS Rule Means For R-1 Religious Workers And Faith-Based Employers

Earlier this week, the U.S. Department of Homeland Security (DHS) published an interim final rule that directly impacts churches, synagogues, mosques and other faith-based organizations employing foreign religious workers in R-1 status.

Effective immediately, DHS has removed the one-year foreign residency requirement for religious workers in R-1 status who have reached their maximum five-year stay. While these workers are still required to depart the United States after five years in R-1 status, they can now return much more quickly, without needing to spend a full year abroad.

Below we'll explore what this change means for R-1 religious workers and their employers, and what they can do now to make the most of it.

The problem religious workers and their employers have been facing

Over the past several years, religious organizations and their foreign workers have encountered many immigration bottlenecks.

The most common nonimmigrant visa used, the R-1 religious worker visa, is limited to a maximum five-year stay in the U.S. After that, the visa holder was previously required to depart the U.S. and remain abroad for at least 12 months before applying for a new R-1 visa.

Usually, R-1 religious workers file for an immigrant visa (green card) in the EB-4 Certain Religious Workers category. However, there have been extended delays in that category in the Visa Bulletin throughout the last few fiscal years. For instance, the latest Visa Bulletin lists the Certain Religious Workers category for non-minister religious occupations as unavailable across all countries.

Because of these backlogs, some workers are facing multi-year waits for their green cards. During that time, their R-1 status may expire, leaving limited options to stay in the U.S. legally.

Before the rule change announced this week, religious organizations often had to choose between:

• Sending their valuable employee abroad for a year
• Attempting to switch their worker to another nonimmigrant visa (such as an H-1B)
• Ending the employment relationship entirely

All of these options came with risks, costs and frustrations.

Effects of the rule change

Under the new DHS rule, workers who reach the end of their five-year R-1 stay must still leave the U.S., but they no longer have to remain abroad for a full year, or any minimum period of stay, before applying to return. That means that if the petitioning organization is ready and the worker still qualifies, they can be back on the job in a much, much shorter time frame.

This is especially significant for:

• Religious workers who are waiting for years for green card processing
• Organizations that depend on staffing continuity across programs
• Employers navigating workforce shortages or high turnover, not to mention the R-1 employee themselves

How to benefit from this change

Sponsoring religious organization and their noncitizen employees should:

Plan for rapid reentry

Now that the one-year requirement is gone, organizations should coordinate with experienced immigration counsel to prepare new R-1 petitions to file as soon as the religious worker is eligible and plan for any possible issues.

File early and monitor the Visa Bulletin

Green card sponsorship should still be part of long-term workforce strategy. Meet with experienced immigration counsel, file I-360 petitions early and track priority dates monthly.

Explore potential visa alternatives, if necessary

Depending on the religious worker's duties and credentials, there may be other viable visa options, if needed.

For example, our Firm has had success  switching religious workers to cap-exempt H-1B nonimmigrant visas by demonstrating the employer has a written affiliation with a college or university. The TN visa may be an option for Canadian workers in specific roles, while the H-1B1 visa may be available for foreign nationals from Chile and Singapore.

Further, religious workers could apply for a green card in a non-EB-4 preference category, depending on immigrant visa availability in the Visa Bulletin and their eligibility.

Maintain necessary documents and paperwork

Religious organizations should maintain a complete file for each sponsored worker, including:

• Proof of nonprofit religious status (IRS 501(c)(3))
• Organizational charts and job descriptions showing primarily religious duties
• Evidence of regular compensation
• Signed letters of employment and congregational support
• Copies of R-1 and I-360 petitions

These materials help not only with immigrant and nonimmigrant visa petitions, but also with preparation in the event of audit, site visit or request for evidence (RFE).

Speak with an immigration attorney

Religious organizations should consider making consulting with an immigration attorney part of their regular hiring and retention strategy.

Final thoughts

This new DHS rule represents a meaningful step forward for faith-based employers navigating an increasingly complex immigration landscape.

By reducing the mandatory time abroad, it gives religious organizations more flexibility and ensures that essential workers can return to serve their communities sooner.

For employers, this is an opportunity to strengthen workforce planning and reduce uncertainty. For employees, it's a chance to stay connected to the communities they serve.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.