US eases return rules for religious workers

Washington, Jan 14, The US Department of Homeland Security on Tuesday announced issuing an interim final rule eliminating a long-standing requirement that forced many foreign religious workers to remain outside the United States for a full year before returning to their duties, a move expected to bring relief to faith-based institutions facing acute staffing shortages.

The new rule removes the mandatory one-year foreign residency requirement for R-1 religious workers who reach the statutory five-year maximum period of stay. While such workers must still depart the United States, they will no longer be required to remain abroad for a minimum period before seeking readmission in R-1 status, the DHS said.

“This rule significantly reduces this wait time, providing stability and minimising disruptions for faith-based communities,” DHS said, adding that it allows religious workers “to resume their essential services.”

A DHS spokesperson said the decision reflects the administration’s commitment to protecting religious freedom. “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 organisations can continue delivering the services that Americans depend on,” the spokesperson said.

“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 organisations in their critical work,” the spokesperson added.

The department said the change is particularly significant at a time when visa backlogs have left many religious institutions without clergy. Demand for immigrant visas in the EB-4 category, which includes religious workers, has exceeded supply for years. Changes introduced by the Department of State in 2023 further increased already lengthy wait times for applicants from certain countries.

“These delays have caused many religious workers to exhaust their maximum period of stay in R-1 status,” the DHS said.

While the rule is expected to primarily help Christian churches across the United States that are facing a severe shortage of priests and pastors, it is also likely to benefit other faith communities. Hindu temples, many of which rely on traditionally trained priests from India to conduct rituals and maintain religious practices, have also been affected by prolonged visa delays and staffing gaps.

DHS said the interim final rule takes effect immediately. USCIS has invited written public comments, which must be submitted within 60 days of the rule’s publication in the Federal Register.

The rule supports President Donald Trump’s Executive Order 14205 establishing the White House Faith Office, which directs the federal government to strengthen engagement with faith-based entities and protect religious liberty, according to the order published earlier this year.

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