Removal of One-Year Abroad Requirement for Religious Workers

 On January 16, 2026, the Department of Homeland Security (DHS) issued an Interim Final Rule entitled “Improving Continuity for Religious Organizations and Their Employees.” 

Prior to the issuance of the IFR, R-1 nonimmigrants were only allowed to remain in the United States for a period of up to five years. After the five-year period, they would be required to leave the United States and reside abroad for at least one year before being eligible R-1 status again.

The IFR, which took effect immediately, removes the one-year abroad requirement and only requires the individual to depart the United States before becoming eligible for a new five-year period.

Employers may file a new R-1 petition up to six months before the employee's status  expires. Once the R-1 employee reaches the 5-year maximum, they will need to depart the United States and go through consular processing.

 Questions about the R-1 process? We would love to help! Please book a consultation to talk with an attorney at Hope Immigration.