USCIS Removes the One-Year Abroad Requirement for R-1 Visa Holders — What It Means for Your Green Card Pathway
Recent immigration news brings good news for R-1 religious workers and the communities that depend on them. The Department of Homeland Security (DHS) has issued a new rule eliminating the mandatory requirement for R-1 visa holders to stay outside the U.S. for one year after reaching the maximum stay before they can return on an R-1 visa. This change takes effect immediately and is already benefiting religious workers seeking continuity in their service and a smoother path to permanent residency. (dhs.gov)
In this blog, I’ll explain the rule change, why it matters, and how it helps R-1 holders pursue Adjustment of Status — your green card — without unnecessary disruption.
What Was the One-Year Abroad Requirement?
Under the old rule, R-1 religious workers could stay in the U.S. in temporary R-1 status for a total of up to five years. Once you reached that five-year limit, you generally had to depart the United States and remain abroad for at least one year before you could apply for a new R-1 visa and return. (Garfinkel Immigration Law Firm)
This rule meant a long separation from your congregation, ministry, or organization — even if you were trying to pursue a green card at the same time.
What Changed?
Under the new DHS rule, the mandatory one-year foreign residency requirement has been removed. Religious workers must still depart the U.S. once they hit the five-year maximum period of stay, but DHS no longer mandates how long you must remain abroad before seeking to return in R-1 status. (dhs.gov)
This eliminates the automatic one-year delay that previously blocked or interrupted people from coming back quickly.
Why This Matters for Adjustment of Status
To file for a green card (Adjustment of Status, Form I-485), many R-1 visa holders rely on having R-1 status valid or being able to maintain lawful status in the U.S. while their green card case is pending. Traditionally, religious workers have used two pathways:
- Adjustment of status while in the U.S. based on an approved immigrant visa petition (EB-4 for religious workers), or
- Departing and consular processing abroad — often because your current status expired or you hit the five-year limit.
The old one-year abroad rule created a near-automatic barrier: once you reached five years in the U.S. and needed to leave, you might be forced to remain outside for a year — even if your immigrant visa category was current and you were eligible to adjust status.
✔ You Can Minimize Time Outside the U.S.
The new rule does not require a full year abroad before returning on a new R-1. You can now plan your travel and return based on visa availability, interview scheduling, or adjustment-of-status strategy — rather than an arbitrary one-year waiting period. (dhs.gov)
✔ Better Continuity of Status
Even if you must depart because you hit your five-year R-1 maximum, shorter periods abroad might preserve your ability to pursue adjustment of status from within the U.S. For example:
- If your EB-4 immigrant visa priority date becomes current while you are outside the U.S., you may be able to coordinate your return and adjustment filings more efficiently.
- You may avoid unintended breaks in status that complicate future filings or eligibility for work authorization and travel permits.
✔ Less Disruption for Your Organization
This rule also means less disruption for congregations or religious employers — they won’t lose trusted workers during crucial periods because of an outdated residency requirement. (dhs.gov)
R-1 Status and Adjustment of Status: What to Know
Here’s a quick primer on how the R-1 route interacts with the green card process:
R-1 Status Basics
- R-1 visas are for temporary religious workers who come to the U.S. to work at least 20 hours a week in a bona fide religious vocation or occupation. (USCIS)
- You can stay in R-1 status in increments (typically 30 months at a time), up to five years total. (USCIS)
Green Card Through EB-4 Religious Worker Category
If your religious organization files an immigrant petition (Form I-360) on your behalf in the EB-4 Certain Religious Worker category, and your priority date is current, you can often file Form I-485 to Adjust Status while in the U.S., as long as you maintain lawful status. (Catholic Legal Immigration Network)
Prior constraints like the mandatory one-year wait abroad sometimes forced people into consular processing abroad — a longer and less convenient route.
What This Change Does Not Fix (Yet)
Importantly, this rule does not automatically remove EB-4 visa backlogs or priority date retrogression — meaning the queue for green cards can still be long for many countries. It makes the process more flexible and humane, but it is not a full legislative fix to visa number shortages.
Congress has also been hearing bipartisan proposals to allow extensions while green card applications are pending, but those reforms are separate from this rule. (AP News)
Practical Tips for R-1 Visa Holders
If you are an R-1 religious worker thinking about a green card:
📌 Plan early: Start your EB-4 immigrant petition sooner rather than later.
📌 Track your status: Keep careful records of all time in and out of the U.S.
📌 Coordinate travel: Now that the one-year abroad rule is gone, you can tailor your stays abroad to visa timelines and consular availability.
📌 Maintain legal status: When eligible, filing Form I-485 to adjust status before your R-1 expires remains a priority.
Final Thoughts
The removal of the one-year abroad requirement for R-1 visa holders is a significant administrative improvement that gives religious workers greater control, stability, and continuity — especially for those pursuing permanent residency in the U.S. It reflects a practical alignment of immigration policy with the real needs of communities, ministries, and workers. (dhs.gov)
If you’re navigating R-1 status, EB-4 immigrant petitions, or adjustment of status planning, the right strategy can save years of waiting and reduce unnecessary time away from the U.S.
Alena Shautsova
New York Immigration Lawyer
R-1 Visa • EB-4 Religious Worker • Adjustment of Status
📞 917-885-2261
🌐 www.shautsova.com
