DHS issues interim final rule removing one-year foreign residency requirement for R-1 religious workers

True

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An interim final rule has been published/issued that removes the prior one-year foreign residency requirement for R-1 religious workers.

Source summary
The U.S. Department of Homeland Security issued an interim final rule eliminating the one-year foreign residency requirement for R-1 religious workers who reach the statutory five-year maximum period of stay, allowing them to seek readmission sooner. The change responds to long EB-4 visa backlogs—exacerbated by Department of State changes in 2023—that left many religious organizations without clergy and non-ministerial workers. The rule takes effect immediately, and USCIS is accepting written comments for 60 days from the rule’s Federal Register publication.
Latest fact check

Evidence from the Federal Register’s public inspection document shows that DHS has, in fact, issued an interim final rule specifically eliminating the one‑year foreign residency requirement for R‑1 religious workers.

The public‑inspection version of the rule (RIN 1615‑AD02) states that the interim final rule “amends U.S. Department of Homeland Security (DHS) regulations to remove the requirement that R‑1 religious workers who have reached the maximum period of stay must reside abroad and be physically present outside the United States for one year before being eligible for readmission in R‑1 status.” This requirement is the one‑year foreign residency rule that previously applied after the 5‑year maximum R‑1 stay, as reflected in existing USCIS Policy Manual and State Department guidance, and the rule explicitly removes it.

Verdict: True, because the DHS interim final rule expressly removes the one‑year abroad/physical‑presence requirement for R‑1 religious workers, matching the statement’s description.

Timeline

  1. Update · Jan 14, 2026, 10:57 PMTrue
    Evidence from the Federal Register’s public inspection document shows that DHS has, in fact, issued an interim final rule specifically eliminating the one‑year foreign residency requirement for R‑1 religious workers. The public‑inspection version of the rule (RIN 1615‑AD02) states that the interim final rule “amends U.S. Department of Homeland Security (DHS) regulations to remove the requirement that R‑1 religious workers who have reached the maximum period of stay must reside abroad and be physically present outside the United States for one year before being eligible for readmission in R‑1 status.” This requirement is the one‑year foreign residency rule that previously applied after the 5‑year maximum R‑1 stay, as reflected in existing USCIS Policy Manual and State Department guidance, and the rule explicitly removes it. Verdict: True, because the DHS interim final rule expressly removes the one‑year abroad/physical‑presence requirement for R‑1 religious workers, matching the statement’s description.
  2. Original article · Jan 14, 2026

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