The US Department of Homeland Security has eliminated a requirement that forced many foreign religious workers to stay outside the US for a year before returning to their duties. The new rule removes the one-year foreign residency requirement for R-1 religious workers who have reached the statutory five-year maximum period of stay. While these workers still need to leave the US, they are no longer mandated to remain abroad for a specific period before seeking readmission in R-1 status.
“This rule significantly reduces this wait time, providing stability and minimizing disruptions for faith-based communities,” stated the DHS. It allows religious workers to resume their essential services. A DHS spokesperson emphasized that this decision reflects the administration’s dedication to safeguarding religious freedom.
The change is crucial as visa backlogs have left many religious institutions without clergy. Demand for immigrant visas in the EB-4 category, which includes religious workers, has surpassed supply for years. The delays have led many religious workers to exhaust their maximum stay period in R-1 status. By removing the foreign residency requirement, the US Citizenship and Immigration Services aims to decrease the time religious organizations are without their trusted clergy and non-ministerial workers.
The rule is expected to primarily aid Christian churches in the US facing a shortage of priests and pastors. It will also benefit other faith communities like Hindu temples, which rely on priests from India for rituals and religious practices. The interim final rule is effective immediately, and USCIS has called for written public comments within 60 days of the rule’s publication in the Federal Register.
The rule aligns with President Donald Trump’s Executive Order 14205 establishing the White House Faith Office. This order directs the federal government to enhance engagement with faith-based entities and protect religious liberty.
