UPDATE: Homeland Security Department says rule will address religious worker visa backlog

Jan 14, 2026 / 10:25 am

The Department of Homeland Security (DHS) said it is addressing a religious worker visa backlog with rules that will reduce wait times and disruptions in ministry for faith-based communities.

“Under the leadership of Secretary [Kristi] Noem, DHS is committed to protecting and preserving freedom and expression of religion. We are taking the necessary steps to ensure religious organizations can continue delivering the services that Americans depend on,” a DHS spokesperson said in a press release Wednesday. “Pastors, priests, nuns, and rabbis are essential to the social and moral fabric of this country. We remain committed to finding ways to support and empower these organizations in their critical work.”

Under the rule expected to be issued Jan. 16, religious workers in the country on R-1 visas would no longer be required to reside outside of the U.S. for a full year if they reach their statutory five-year maximum period of stay before completing their green card applications.

“While R-1 religious workers are still required to depart the U.S., the rule establishes that there is no longer a minimum period of time they must reside and be physically present outside the U.S. before they seek readmission in R-1 status,” DHS said.

The rule is set to be published Jan. 16 in the Federal Register, which posted an unpublished version of the interim rule.

DHS acknowledged the significant demand for visas within the EB-4 category “has exceeded the supply for many years,” citing 2023 changes implemented by President Joe Biden’s State Department. “By eliminating the one-year foreign residency requirement, USCIS [U.S. Citizenship and Immigration Services] is reducing the time religious organizations are left without their trusted clergy and non-ministerial religious workers,” according to a DHS statement.

The interim rule is effective immediately upon publication Jan. 16, DHS said. 

“We are tremendously grateful for the administration’s work to address certain challenges facing foreign-born religious workers, their employers, and the American communities they serve. The value of the Religious Worker Visa Program and our appreciation for the efforts undertaken to support it cannot be overstated,” United States Conference of Catholic Bishops (USCCB) President Archbishop Paul Coakley and Bishop Brendan Cahill, chairman of the USCCB’s Committee on Migration, said in a statement.

“This targeted change is a truly significant step that will help facilitate essential religious services for Catholics and other people of faith throughout the United States by minimizing disruptions to cherished ministries,” the bishops said, adding that they are still continuing to urge Congress to enact the Religious Workforce Protection Act “in order to provide the full extent of the relief needed.”

Secretary of State Marco Rubio said in a press conference in December 2025 that the government would reveal its plan “early next month” for religious worker visas that would avoid giving preference to one denomination over another. Rubio noted that the plan would not favor one religion over another and that there would be “country-specific requirements depending on the country they’re coming from.” 

“I think we’re going to get to a good place,” Rubio said at the time. “We don’t have it ready yet. All this takes time to put together, but we’re moving quickly. I think we’ll have something positive about that at some point next month, hopefully in the early part of next month.”

Visas for religious workers allow foreign nationals to work for a U.S. religious organization, through the temporary R-1 visa or a Green Card EB-4 visa, which requires at least two years of membership in the same denomination and a job offer from a qualifying nonprofit religious group.

Rubio had also said in August the administration was working to create a “standalone process” for religious workers, separate from other competing applicants to the employment-based fourth preference (EB-4) category of visas that became severely backlogged after an unprecedented influx in unaccompanied minor applicants — most of which the USCIS has since alleged were fraudulent — who were added to the already-tight category under the Biden administration.

In November 2025, a Catholic diocese in New Jersey dropped a lawsuit filed against the Biden administration’s State Department, Department of Homeland Security, and USCIS, citing knowledge of a solution with national implications.

Since the issue of the backlogged visas started, multiple U.S. dioceses have called for a solution. Priests in the Archdiocese of Boston who are in the U.S. on visas were urged to avoid international travel amid the Trump administration’s immigration policies and deportations.

Priests and other Church leaders have expressed fear of having to leave their ministries and return to their home countries, then endure lengthy wait times before coming back. Church officials have warned that a continuing backlog could lead to significant priest shortages in the United States.

“We are grateful for the administration’s attention to this important issue for the Church and value the opportunity for ongoing dialogue to address these challenges so the faithful can have access to the sacraments and other essential ministries,” a spokesperson for the USCCB told CNA.

This story was updated at 2:20 p.m. ET on Jan. 14, 2026, with a statement from the USCCB.