On February 25, 2026, the American Immigration Lawyers Association (AILA) submitted comments on an interim final rule from the Department of Homeland Security (DHS) that reduces the required time abroad for religious workers.
AILA said it welcomed the rule, which reduces the period of time religious workers must remain outside the United States after exhausting the five-year limit in R-1 nonimmigrant status in order for them to become eligible for a subsequent period of R-1 status. Among its suggestions, AILA recommended that DHS consider allowing a reset of the five-year maximum under any of the following conditions: (1) if a religious worker changes employers, (2) if the religious worker remains with the same employer and departs the United States after having completed the initial 30 months of R-1 status, (3) if there are 6 months or a year remaining on the five year clock, or (4) if a religious worker departs the United States during the last year of the five-year maximum period.
