Religious organizations across the U.S. and their foreign workers are breathing a temporary sigh of relief following a last-minute legislative intervention. On November 12, 2025, the President signed H.R. 5371, extending the Employment Fourth Preference (EB-4) non-minister special immigrant religious worker program through January 30, 2026.
This action prevents the permanent residency program for non-ministerial religious workers—such as missionaries, religious teachers, and liturgical workers—from expiring, which would have happened this month. However, the short, two-month extension creates an intense, time-sensitive legal window for organizations whose workers are nearing the end of their temporary status.
The Stakes: R-1 to EB-4 Green Card Pipeline
The extension is critical because the temporary R-1 visa only allows a religious worker a maximum stay of five years. The EB-4 non-minister religious worker category is the primary pathway for these individuals to gain permanent residence (Green Card).
When the EB-4 program lapses, workers who have served the required two years and have an approved petition (Form I-360) cannot proceed with their final application for a Green Card (Form I-485 for adjustment of status) or consular processing.
The brief extension through January 30, 2026, means:
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No Visas Issued After January 29: No EB-4 visas for non-ministers may be issued overseas, and no final action (approval) can be taken on adjustment of status cases after midnight on January 29, 2026.
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Admission Deadline: All individuals seeking admission in this category must be physically admitted into the United States no later than midnight January 29, 2026.
This puts immense pressure on organizations with pending I-360 petitions or those whose workers are close to filing their final adjustment applications.
Immediate Action Required for Transitioning Workers
Religious organizations that rely on this program must immediately review the immigration status of all R-1 workers who may be eligible to transition to the EB-4 Green Card.
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Priority Date Check: Even with the legislative extension, applicants must check the monthly Visa Bulletin published by the Department of State. While the program is now available through January 2026, the final action date for the EB-4 category must be current for the worker’s country of chargeability to allow for filing or approval of the final Green Card application (Form I-485).
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Filing Urgency: For eligible workers, the process of filing the immigrant petition (Form I-360) and the subsequent adjustment of status application (Form I-485) must be completed with utmost urgency to meet the final January 29 sunset deadline. Due to the high scrutiny on R-1 and EB-4 petitions, any Request for Evidence (RFE) could easily consume the limited time remaining.
The Larger Context: The Need for Permanency
This short-term extension is part of a decades-long pattern of Congress allowing the EB-4 non-minister program to sunset and then reinstating it for short periods, often at the last moment.
Many organizations and legal advocacy groups argue that this constant uncertainty severely harms long-term staffing and community planning. Legislative efforts, such as the proposed Religious Workforce Protection Act, are currently pushing for a permanent reauthorization of the program to allow religious groups to recruit and retain workers without the fear of sudden, politically motivated expiration dates.
Conclusion
The extension of the EB-4 non-minister program through January 30, 2026, provides a critical, but short, window of opportunity for religious workers seeking permanent residency. The tight deadline, coupled with the complexity of satisfying both the I-360 petition and the final adjustment of status requirements, means there is zero margin for error or delay. Missing this sunset date means the worker must either find another permanent visa category or leave the country. To ensure your organization’s or your worker’s petition is flawlessly prepared, filed immediately, and protected through this final, critical phase, contact Lforlaw today to connect with expert attorneys specializing in R-1 and EB-4 religious worker immigration.
Sources
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USCIS (U.S. Citizenship and Immigration Services): Special Immigrant Religious Workers (Official confirmation of the extension to January 30, 2026, via H.R. 5371).
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U.S. Department of State: Visa Bulletin For December 2025 (Details on the immediate availability and final action date status for the Certain Religious Workers category (SR) following the extension).
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Congressional Record/H.R. 5371 (2025): The legislative text extending the program.
