A big change has been introduced for the religious workers in the US under the EB-4 category. After 5-years, R-1 visa holders had to leave the US and re-enter only after one year. Now, R-1 religious workers need not reside outside the US for one year after reaching the five-year maximum stay, before seeking readmission in R-1 status.
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—who previously were required to remain outside the United States before returning, to resume their essential services.
Although R-1 religious workers will still be required to depart the US, the new rule specifies that there is no longer a minimum time they must be outside before seeking readmission in R-1 status.
This rule significantly reduces this wait time, providing stability and minimizing disruptions for faith-based communities.
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.
Demand for EB-4 Visa
One is eligible for an employment-based, fourth preference (EB-4) visa if they are a special immigrant. Religious workers, certain broadcasters, certain physicians licensed and practicing medicine in a U.S. state as of Jan. 9, 1978, amongst others.
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.
Sunset date for non-minister religious workers program
On November 12, 2025, the president signed into law H.R. 5371, extending the EB-4 non-minister special immigrant religious worker program through Jan. 30, 2026. The law allows these workers to immigrate or adjust to permanent resident status by that date, also known as the sunset date.
Non-minister special immigrant religious workers include those within a religious vocation or occupation engaged in either a professional or non-professional capacity. This date on which the program will end also applies to accompanying spouses and children of these non-minister special immigrant religious workers.
Special immigrants entering the U.S. solely to carry on the vocation of a minister, and their accompanying spouses and children, are not affected by the sunset date.