USCIS is issuing policy guidance in the USCIS Policy Manual to implement the regulatory change to the requirement on how long a nonimmigrant religious worker (R-1) must remain outside the United States after reaching the 5-year statutory maximum period of stay. This update operationalizes a DHS Interim Final Rule issued in January 2026 and takes effect on the date of publication.
What changed
DHS regulations have been amended to remove the requirement that R-1 religious workers who have reached the maximum period of stay must reside abroad and be physically present outside the United States for one year before being eligible for readmission in R-1 status after departing from the United States upon reaching the maximum admission period.
Under the old rule, noncitizens in R-1 status who reached the five-year maximum period of admission were required to depart the United States and remain physically outside the country for at least one full year before they could be readmitted under a new R-1 visa. This “one-year abroad” requirement often forced religious organizations to interrupt ministries, find temporary replacements, or scale back services while key staff remained overseas.
The five-year statutory cap has not changed. R-1 workers must still depart the United States after reaching the maximum period of stay. However, once a new R-1 petition is approved, they may seek readmission without waiting one year abroad. A new five-year period begins upon admission to the United States under the new petition.
Why it matters
The removal of the one-year abroad requirement directly affects your filing strategy if you represent religious workers or organizations approaching the five-year R-1 limit, especially those with pending EB-4 (immigrant religious worker) cases.
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.
Before this change, a worker who exhausted their five years in R-1 status was forced to spend a full year abroad before readmission, even if their EB-4 case was pending or their priority date became current. Now, once a new R-1 petition is approved, they may seek readmission without waiting one year abroad. This allows workers and employers to manage the transition between temporary and immigrant status with greater flexibility.
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.
Way forward
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Review active R-1 cases. If you have clients or organizational clients with R-1 workers currently in years 4–5 of their stay, or with R-1 workers who have already exhausted the five-year limit under the old rule and are waiting abroad, assess whether a new R-1 petition followed by immediate readmission is now strategically viable.
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Coordinate with EB-4 counsel. For workers with pending EB-4 petitions, the removal of the one-year abroad requirement reduces the pressure to rush the immigrant petition timeline. Workers can now maintain R-1 status in cycles of up to five years without the mandatory year-abroad penalty, allowing more time for EB-4 processing and priority-date availability.
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File new R-1 petitions promptly. If a worker has already departed the United States after exhausting the first five-year period, file a new R-1 Form I-129 petition and have the worker apply for readmission as soon as the new petition is approved—no waiting required.
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Verify Policy Manual Chapter 7. Confirm the specific language in USCIS-PM O.7 - Chapter 7 - Period of Stay when drafting client advisories or petition support letters, as implementation details and transition rules may appear there.
Disclaimer
Folaation is a software company, not a law firm, and this article does not constitute legal advice. Consult a licensed immigration attorney to evaluate your specific circumstances, verify current policy against the primary source, and determine the appropriate filing strategy for your case. USCIS policy can change without notice. Always confirm the requirements applicable to your case against the current version of the USCIS Policy Manual.