The Department of Homeland Security (DHS) has issued a new rule intended to shorten visa wait times abroad for religious workers who serve U.S. congregations.
Why It Matters
The change affects holders of the R‑1 temporary religious worker visa, a category used by clergy and other faith‑based professionals to work for religious organizations in the United States. The new DHS rule loosens an immigration restriction at a time when the Trump administration has tightened many other immigration pathways.
What To Know
Under long-standing immigration regulations, R‑1 visa holders who reached the statutory five‑year limit on their stay were required to leave the United States and remain abroad for at least one year before applying to return in the same status.
The rule DHS announced on January 14 eliminates the mandatory minimum period abroad, meaning religious workers must still depart after five years but can seek to reenter the U.S. without waiting a full year.
“Pastors, priests, nuns, and rabbis are essential to the social and moral fabric of this country. We remain committed to finding ways to support and empower these organizations in their critical work,” a DHS spokesperson said in a news release.
Adam Klein, a former senior adviser on immigration policy with DHS, told Newsweek, “It speaks only to Christian and Jewish faiths, although it will apply to Muslims and Hindus and others, they are not referred to in this suggested benevolent act, which does not seem kind or well-intended to non-Judeo-Christians.”
The interim final rule, published in the Federal Register in mid‑January, took effect immediately upon publication. U.S. Citizenship and Immigration Services is accepting public comments on the change for 60 days.
The elimination of the one‑year foreign residency requirement comes amid backlogs in the employment‑based fourth preference (EB‑4) immigrant visa category, which many religious workers use to seek permanent resident status. Those backlogs have lengthened the time needed for some workers to obtain green cards, resulting in situations where individuals exhaust their temporary R‑1 status before permanent visas become available.
The rule does not change the underlying green card visa quotas or statutory limits on R‑1 status. Long‑term challenges tied to permanent residency backlogs for religious workers remain, and some advocates and lawmakers continue to pursue legislative solutions that would allow extensions of temporary status while green card applications are pending.
The U.S. State Department is pausing immigrant visa processing for nationals of 75 countries as it reviews how consular officers apply the “public charge” rule, which allows officials to deny visas to applicants they believe are likely to rely primarily on government benefits. The pause is indefinite while the department reevaluates its screening procedures. It affects a wide range of countries, including Somalia, Russia, Iran, Afghanistan, Brazil, Egypt, Nigeria, Thailand and Yemen.
What People Are Saying
Adam Klein, a former senior adviser on immigration policy with the Department of Homeland Security, told Newsweek: “It also seems that, in combination with the proposed visa freeze, many of the R-1 workers who return to their countries may not be able to return anytime soon. So what looks like a good idea that is likely aided by advances in technology, and screening could have a beneficial effect, could also have no effect for those negatively affected by other policies.”
A DHS spokesperson said in a news release: “Under the leadership of Secretary Noem, DHS is committed to protecting and preserving freedom and expression of religion. We are taking the necessary steps to ensure religious organizations can continue delivering the services that Americans depend on.”
Lance Conklin, a Maryland immigration attorney who represents evangelical churches with R-1 visa holders, told the Associated Press: “It would potentially allow people not to disrupt the organization by having someone have to leave for a year, because that’s a major imposition now.”
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