(UNITED STATES) — The U.S. Department of Homeland Security issued an Interim Final Rule on January 16, 2026, eliminating the one-year “cooling-off” requirement for R-1 religious workers who return after hitting a five-year maximum stay.
The change allows an R-1 worker to depart after reaching the five-year limit and, once a new petition is approved, re-enter immediately for a new period of stay. DHS published the rule in the Federal Register (91 FR 2049) and made it effective immediately as of January 16, 2026.
What the prior rule required
Under the prior system, R-1 workers such as priests, ministers and missionaries had to spend at least one full year physically outside the United States after exhausting the cumulative five-year stay limit before they could qualify again for R-1 status.
That mandated year abroad often created staffing gaps for religious organizations that rely on a limited pool of clergy with specific language skills, training or denominational credentials, and it raised planning risks for workers whose ability to return depended on the timing of a new petition and consular processing.
What changed
DHS kept the five-year cap itself in place, meaning an R-1 worker must still leave the United States after reaching five years, and extensions beyond five years are not allowed. What changed is the minimum time outside the country.
The new rule removes the requirement to remain abroad for a full year before starting a new R-1 period. The mechanics are designed to let an employer plan ahead. An employer can file `Form I-129` up to six months before the worker’s departure.
Once the petition is approved, the worker may need a new visa stamp and can then seek re-entry immediately as a new period of stay, while remaining subject to eligibility and admissibility checks.
Who is especially affected
The rule is expected to be especially important for Indian religious workers, who represent more than 25% of worldwide R-1 petitions, according to the summary of the change.
Hindu temples, Sikh gurudwaras and Islamic centers were among the institutions cited as facing clergy shortages that the one-year gap could worsen, particularly when a role required continuity in worship services and community care.
- Hindu temples
- Sikh gurudwaras
- Islamic centers
For organizations that previously lost a worker for at least a year, the consequences could be immediate: payroll disruptions, interim staffing costs and the uncertainty of whether a position could be held open.
The prior approach also pushed some groups toward workarounds that carried risk or cost, including relying on B-1/B-2 visitor visas or recruiting new personnel, the summary said.
Practical and administrative effects
By allowing near-seamless re-entry following approval of a new petition, the new rule reduces the likelihood that a congregation or temple would be left without its preferred clergy member for an extended period. It also trims travel and administrative expense linked to consular processing for those who must obtain a visa stamp, particularly for applicants processing through U.S. consulates in Delhi, Mumbai, Chennai, Hyderabad, or Kolkata.
Beyond day-to-day staffing, the change intersects with the long waits in the EB-4 green-card category, which the summary described as backlog-plagued and marked by years-long waits for Indians. The elimination of the cooling-off requirement means a worker can cycle through R-1 status while awaiting permanent residency, rather than facing a forced year away at the end of a five-year stay when an EB-4 case is not yet ready.
The rule also arrives against a political backdrop that includes bipartisan pressure on immigration agencies to address the operational disruptions created by the cooling-off period for religious workers. Senators Susan Collins (R-ME), Tim Kaine (D-VA), and Jim Risch (R-ID) welcomed the change after pressing for reforms through letters in 2021, 2023, and 2024, and through the Religious Workforce Protection Act, the summary said.
Religious organizations and immigration practitioners also praised the decision as a step toward continuity for congregations that depend on experienced clergy. The US Conference of Catholic Bishops called it a “truly significant step” for continuity.
Miguel Naranjo, director of religious immigration services at Catholic Legal Immigration Network (CLINIC), described it as a “positive pragmatic step” but noted ongoing challenges like travel bans. Lance Conklin, Maryland immigration attorney, said it’s a “huge deal” for avoiding organizational disruptions.
Context and examples
The change was issued “amid tightened immigration rules elsewhere, emphasizing religious freedom,” according to the summary. It also addresses disruptions tied to 2023 EB-4 processing changes that extended green-card waits beyond five years, creating cases in which religious workers nearing the end of an R-1 stay could not bridge to permanent residency in time.
One example cited was a North Texas pastor forced to leave for Brazil, underscoring how timing problems could force departures even when an employer wanted continuity and a worker intended to return.
The broader EB-4 landscape has also shifted in ways that can affect religious institutions differently depending on the role. The EB-4 Non-Minister Special Immigrant Religious Worker Program expired October 1, 2025, the summary noted.
Limits and ongoing requirements
The rule change does not alter the requirement that an R-1 worker depart after reaching the five-year limit, but it removes the fixed one-year gap that previously separated one R-1 period from the next. That means indefinite rotation is possible without green-card approval, as long as each new period is supported by an approved petition and the worker continues to meet eligibility requirements, the summary said.
Operationally, the rule places a premium on timing and paperwork. Employers can prepare a new `Form I-129` in advance of the five-year mark, so that a worker can depart and return with less downtime if the petition is approved on schedule.
Even with the cooling-off period removed, the process still hinges on immigration screening at each step. The summary emphasized that eligibility and admissibility checks continue to apply. USCIS will incorporate the change into adjudication processes, according to the summary, and the rule is open for public input.
Public comments are due by March 17, 2026.
For faith organizations that rely on R-1 workers, the new rule changes how leaders can manage staffing risk at the five-year cap, but it does not erase the need for careful planning around petition timing and visa processing. The summary advised faith organizations to consult USCIS or immigration attorneys for case-specific guidance, reflecting that individual cases can turn on factors beyond the cooling-off rule, including consular steps and admissibility reviews.
For Indian clergy and the U.S. religious institutions that employ them, the immediate practical effect is that a worker no longer has to disappear from a community for a year solely to reset the clock on R-1 eligibility. Naranjo’s description of the change as a “positive pragmatic step” captured the narrow but consequential shift: a procedural barrier has been removed, while other constraints — including travel bans that he referenced and the continuing five-year cap — remain part of the system.
US Drops Cooling-Off Rule for R-1 Religious Workers, Benefiting Indian Clergy
The U.S. government has ended the requirement for R-1 religious workers to stay outside the country for one year after reaching their five-year limit. This reform allows for immediate re-entry with a new petition, maintaining the five-year cap but removing the forced gap. It aims to support religious organizations facing critical staffing shortages and long wait times for permanent residency status.
