DHS Rule Cuts Visa Wait Times for Religious Workers

Form I-129, Petition for a Nonimmigrant Worker is the USCIS filing most U.S. religious organizations use to request R-1 temporary nonimmigrant religious worker classification for a minister or religious worker who will serve in the United States.

If you are an R-1 worker abroad who needs to return after reaching the five-year stay limit, your U.S. petitioner typically files a new Form I-129 to support your next R-1 visa and readmission request.

This guide also explains the interim final rule announced by DHS and USCIS that changes how quickly certain R-1 workers can seek a new visa and return after they depart the United States, which directly affects visa wait times abroad for many religious workers.

Quick reference: Form I-129 for R-1 religious workers

💰 Current Fee: Form I-129 fees can change and can differ by category. Confirm the correct amount at usccis.gov/fees before you mail the packet. A wrong fee often causes a rejection.

⏱️ Processing Time: Processing times are USCIS estimates and vary by service center and case type. Check egov.uscis.gov/processing-times/ before planning travel or start dates.

1) Overview: the interim final rule and the key dates

On January 14, 2026, DHS and USCIS announced an interim final rule that reduces disruption for R-1 religious workers who must depart after reaching the five-year maximum stay.

The rule is scheduled to publish in the Federal Register and become effective on January 16, 2026.

The practical change is straightforward. Under the new rule, an R-1 worker who hits the stay limit must still depart the United States. However, the worker no longer must remain abroad for a fixed minimum period before seeking a new R-1 visa and returning.

Many faith communities have faced staffing gaps tied to lengthy immigration backlogs. For background on the time pressure many workers faced, see the reporting on a two-week countdown affecting some religious workers.

How an interim final rule works

An interim final rule becomes effective upon publication. Agencies still accept public comments after it takes effect.

DHS set a 60-day comment period, ending in mid-March 2026 (the calculated last day falls on March 17, 2026).

For related date-focused context across categories, including R-1, see key 2025 visa dates.

2) Official statements and what USCIS clarified

DHS framed the rule as supporting religious freedom and operational stability for U.S. religious organizations. A DHS spokesperson stated on January 14, 2026, that DHS is committed to protecting religious expression and supporting organizations that provide essential community services.

USCIS provided the key clarification for affected R-1 workers. USCIS explained that R-1 workers must still depart after the maximum stay. However, there is no longer a required minimum period of residence and physical presence abroad before the worker seeks readmission in R-1 status again.

What is not changing

• Eligibility standards for the organization and the religious worker
• Consular visa screening and admissibility checks
• Port-of-entry inspection and CBP admission decisions
• The statutory five-year maximum stay per R-1 period of eligibility

Delays and backlogs are still a major concern across faith-based immigration. That broader context is covered in prolonged delays reporting.

3) Key policy details: old rule vs. new rule

Prior approach (“one-year bar” in practice)

Under the prior framework described by DHS and USCIS, many R-1 workers who reached the five-year limit had to:

1. Depart the United States.
2. Remain abroad for at least one year before pursuing a new R-1 visa and return.

In real terms, this created long service interruptions. It also created planning problems for congregations.

New approach under the interim final rule

• You still must depart once you reach the maximum R-1 stay.
• You may then pursue a new R-1 visa and seek readmission without a mandatory waiting period abroad.

This does not guarantee immediate visa issuance. It removes the built-in one-year delay. Consular processing and appointment availability still affect visa wait times abroad.

The five-year limit remains central. If you are unsure how the five-year cap works, review the basics on five years in R-1.

Public comment process

Public comments can matter most when they include concrete operational details. Suggested topics to address include:

• Concrete staffing impacts and coverage costs
• Compliance burdens for small congregations
• Unintended consequences for short-term travel or emergencies
• Suggested language that improves clarity for petitioners and workers

4) Why this matters: EB-4 backlog and the “gap” problem

Many religious workers pursue permanent residence through the EB-4 category. EB-4 backlogs can create a mismatch between a nonimmigrant’s R-1 maximum stay and the time until an immigrant visa number is available for a green card path.

When an EB-4 timeline stretches for years, the five-year R-1 cap can force a “staffing cliff.” Organizations lose key personnel. Workers face forced time abroad.

DHS and USCIS linked the current pressure to the Department of State’s 2023 methodology changes that affected wait-time projections. The interim final rule mainly addresses the forced one-year downtime. It does not eliminate EB-4 backlogs.

5) Practical impact on workers and congregations

• Less forced separation from U.S. communities
• Fewer long breaks in ministry, counseling, or teaching roles
• Better continuity for families and congregational obligations

For congregations and faith-based employers, the benefits are operational:

• Fewer emergency temporary replacements
• Better continuity in leadership roles
• Less risk of losing a trained worker permanently

There are still limits and risks:

• Visa issuance remains discretionary at the consulate.
• Admission is decided at the port of entry after inspection.
• Administrative processing can still delay returns.
• Background checks and prior status issues can slow cases.

6) Step-by-step: how to file Form I-129 for an R-1 worker under the new reality

Even with the interim final rule, the R-1 process still depends on a properly prepared Form I-129 filing and a well-documented case.

Step 1: Confirm the worker’s timeline and eligibility

1. Calculate time spent in R-1 status toward the five-year maximum.
2. Confirm the role qualifies as a minister or religious occupation/vocation.
3. Confirm the organization meets the religious organization requirements.

Step 2: Plan departure and return expectations

1. Plan the required departure when the stay limit is reached.
2. Plan for consular scheduling and local processing conditions.
3. Expect variability in visa wait times abroad by country and season.

Step 3: Prepare and file Form I-129

1. Download Form I-129, Petition for a Nonimmigrant Worker from uscis.gov/i-129.
2. Complete the R classification sections and required supplements.
3. Pay the correct filing fee listed at uscis.gov/fees.
4. Mail the packet to the correct address shown on the Form I-129 page.

Step 4: Track the case and answer any USCIS requests

1. Watch for the receipt notice.
2. If USCIS issues an RFE, respond by the deadline with clear evidence.
3. Keep copies of everything you submit.

Step 5: Visa issuance abroad and readmission

1. After approval, the worker applies for an R-1 visa at a U.S. consulate.
2. The worker seeks admission at a U.S. port of entry in R-1 status.
3. Be ready to show evidence of the job, role, and ongoing eligibility.

⚠️ Common Mistake: Filing Form I-129 with the wrong fee or stale edition date can trigger rejection. Always confirm at uscis.gov/i-129 and uscis.gov/fees.

Eligibility requirements (R-1 basics)

USCIS generally expects evidence that the U.S. petitioner is a bona fide nonprofit religious organization in the United States.

USCIS also looks for proof that the worker has been a member of the religious denomination for the required period and that the worker will work at least part time in a qualifying religious role.

The role and duties must match the claimed religious occupation or minister position, and compensation or support should be documented and credible.

Required supporting documents checklist (typical R-1 packet)

USCIS may also conduct site visits in some religious worker cases. Keep records consistent with what you file.

Common mistakes that delay or derail R-1 filings

• Missing signatures or incomplete answers on Form I-129
• Weak duty descriptions that sound “secular” rather than religious
• Inconsistent compensation records or unclear support arrangements
• Mailing to the wrong address or using the wrong delivery method
• Ignoring RFE instructions or submitting disorganized evidence
• Assuming the interim final rule guarantees quick visa issuance

Official USCIS form page (download and filing details)

Form I-129: https://www.uscis.gov/i-129

R-1 classification overview: https://www.uscis.gov/working-in-the-united-states/temporary-workers/r-1-temporary-nonimmigrant-religious-workers

For rule-related updates, monitor USCIS newsroom and DHS announcements on their official sites.

Practical next steps (Friday, January 16, 2026)

1. Confirm whether the worker is near the five-year R-1 maximum and needs a departure plan.
2. Start a new Form I-129 packet early, with strong duty and compensation evidence.
3. Check current Form I-129 processing estimates at egov.uscis.gov/processing-times/.
4. Verify the correct filing fee right before mailing at uscis.gov/fees.
5. Track USCIS updates on implementation of the interim final rule and any follow-on FAQs.

📋 Official Resources: Download forms at https://www.uscis.gov/forms. Check processing times at https://egov.uscis.gov/processing-times. Fees and processing times are subject to change—always verify current information at https://www.uscis.gov.