The Department of Homeland Security (DHS) has published an interim final rule, effective immediately, removing the one-year foreign residency requirement for R-1 visa holders. Previously, R-1 beneficiaries were required to reside outside of the United States for one year after reaching their 5-year maximum period of stay.
Why?
Religious workers may apply for an Employment-Based, fourth preference (EB-4) immigrant visa as a special immigrant. However, recognizing the long wait times under the EB-4 visa category, DHS has removed the foreign residency requirement for these R-1 visa holders. While they must still depart the US after reaching their 5-year maximum, there is no longer a minimum foreign residency requirement. This way, religious organizations may minimize the time they are without their foreign workers.
If you would like to discuss this news with an immigration attorney, contact us and we are happy to speak with you.