Immigration
Good News for Religious Worker Immigration
By Buchanan Attorneys Khushbu Patel and Dilip Patel
One major problem faced by religious institutions and religious workers is the fact that Green Card processing times have increased significantly beyond the maximum five years a religious worker is allowed to remain in the United States in R-1 status before the worker has to return home for at least one year before starting the R-1 cycle again.
However, there’s good news. On Jan. 14, 2026, the Department of Homeland Security (DHS) announced an important change that stands to significantly impact religious organizations and their communities across the United States. The DHS has issued an interim final rule that eliminates the previously mandated one-year foreign residency requirement for thousands of religious workers — priests, nuns, rabbis and other clergy — who have historically faced prolonged wait times before returning to serve in the U.S. The move is a notable development in immigration policy, blending legal, religious and administrative considerations.
Background: The Historical Context
For years, religious organizations — comprising priests, nuns, rabbis and other spiritual workers — faced an arduous process to serve their communities in the United States after their initial visa periods. The existing rules mandated that religious workers who had reached the maximum statutory stay in the country (five years under R-1 religious worker visas) had to remain outside the United States for at least one year before they could return. This residency requirement aimed to prevent abuse of the visa system and ensure that religious workers maintained their ties abroad.
However, this requirement has long been a source of frustration for religious organizations, especially given the increasing demand for visas in the EB-4 category, which provides a pathway to permanent residence for religious workers. The demand has exceeded supply, leading to extended wait times and, in many cases, exhaustion of the maximum period for R-1 status. Further, this requirement resulted in prolonged absences, disrupting services, and creating hardships for religious communities that rely on consistent spiritual leadership.
The new rule, effective immediately, removes this one-year foreign residency prerequisite. Now, religious workers can return to serve in the United States without the mandatory hiatus, streamlining the process and reducing delays significantly.
The New Rule: What’s Changing?
The Department of Homeland Security’s interim final rule, effective immediately upon publication, removes the one-year foreign residency requirement. Specifically:
- Elimination of the Residency Requirement: Religious workers who have reached their five-year maximum stay can now seek readmission to the United States without the prior obligation to reside outside the country for a minimum period.
- Continuity of Service: This change allows clergy and religious workers to return to their roles more swiftly, minimizing disruptions for faith-based communities that rely on their leadership.
Why Was This Change Necessary?
The demand for visas in the EB-4 category has historically outpaced supply, especially for religious workers from certain countries. Changes by the Department of State in 2023 further compounded delays, leading to extended periods where religious workers could not return or obtain permanent residence. These delays threaten the stability of religious organizations, which rely heavily on clergy and religious professionals to serve their communities.
By removing the residency requirement, the goal is to:
- Reduce wait times for religious workers.
- Preserve the integrity of religious service delivery.
- Support religious organizations’ vital roles in social and moral support.
Legal and Practical Implications
It’s important to note that while the rule relaxes the residency requirement, it does not eliminate the need for religious workers to depart the United States after their maximum stay — rather, it removes the additional waiting period before reentry.
Religious organizations will benefit from quicker reintegration of clergy and religious workers, ensuring continuity of services such as pastoral care, education and community outreach. For the workers themselves, it reduces the uncertainty and hardship associated with prolonged periods outside the United States.
Final Thoughts: A Step Forward
This policy change marks a significant step toward easing the burden on religious workers and their communities.
From a legal perspective, this rule represents a pragmatic and positive step. It recognizes the essential role of religious workers in American society and seeks to streamline their ability to serve communities without unnecessary delays. However, as with any policy change, careful implementation and oversight are vital. It is important to note that while the rule provides immediate benefits, ongoing discussions about immigration reform and visa supply remain relevant. The government’s efforts to streamline processes and prioritize religious workers reflect a broader recognition of their essential contributions.
In conclusion, the Department of Homeland Security’s decision to eliminate the one-year foreign residency requirement is a noteworthy example of administrative law evolving to meet societal needs. It highlights the delicate balance between immigration regulation, religious freedom, and administrative efficiency — an area where legal expertise remains essential.
Tampa Bay area welcomes Attorney Khushbu Patel
We are pleased to introduce Attorney Khushbu Patel to our readers. Khushbu is an experienced immigration attorney and has recently joined the Buchanan Ingersoll & Rooney law firm to work with Dilip Patel, who writes our immigration articles. Khushbu brings with her a wealth of knowledge in immigration law and a passion for helping individuals and families navigate the complexities of the immigration process.
Khushbu was born and raised in Richmond, Va., where she developed a strong foundation in legal principles and a deep commitment to serving her community. She earned her law degree from a respected institution, Rutgers Law School, where she developed a keen understanding of the challenges faced by immigrants in the United States.
She married in April 2024 and recently moved to the Tampa area with her husband, who works in commercial contracting. Khushbu’s move to Tampa not only marks a new chapter in her personal journey but also allows her to contribute her expertise to the growing community in the region. Fluent in Gujarati, she is an active member of the BAPS Swaminarayan Mandir in Thonotosassa, Florida.
We are thrilled to welcome Khushbu to our readers and look forward to the invaluable information she will provide to them in the field of immigration law.