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The Department of Homeland Security (DHS) has issued an Interim Final Rule (IFR) that removes the long‑standing requirement that R‑1 nonimmigrant religious workers who have exhausted the maximum five‑year period in R‑1 status must spend one full year abroad before becoming eligible to return in R‑1 classification.
Under the IFR, an R‑1 nonimmigrant who has spent five continuous years in the United States must still depart the country. That requirement remains unchanged.
However, DHS has removed the mandatory one‑year physical presence abroad before readmission. Now, once a new R‑1 petition is approved, the religious worker need only to depart the United States, apply for a new visa stamp (if necessary), and may immediately apply for readmission to the United States and begin a new initial period of stay.
Admission remains subject to all applicable eligibility and admissibility requirements, but religious workers are no longer required to remain abroad for any minimum period of time.
This change represents a significant shift from prior practice. Previously, the one‑year absence often disrupted religious staffing, delayed important ministries, and created burdens for both workers and their organizations.
The rule does not remove the maximum five‑year stay limitation for R-1 workers. R-1 workers who have reached their five-year maximum period of stay must depart the United States. Extensions of stay are not permitted beyond this limit. Any subsequent admission following departure is treated as a new period of R-1 stay, subject to the statutory maximum.
This regulatory update streamlines the process for returning R‑1 nonimmigrants and reduced operational disruptions for faith communities.
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