On December 9, 2024, the Department of State (DOS) announced an updated J-1 Exchange Visitor Skills List, which identifies countries requiring specialized skills to meet their development needs.
This list determines whether J-1 visa holders are subject to the two-year foreign residence requirement under Section 212(e) of the Immigration and Nationality Act. This requirement mandates that certain J-1 exchange visitors return to their home countries for at least two years after completing their programs in the United States.
This update only affects former J-1 visa holders who were subject to the two-year home country requirement based on the Skills List. J-1 visa holders may still be subject to the two-year residency requirement if their program was funded by the U.S. government, their home country government, or if they participated in graduate medical education or training in the U.S.
Exchange Visitors who seek a definitive determination from the DOS of whether the two-year foreign residence requirement applies to them may request an Advisory Opinion from the Waiver Review Division.
KEY HIGHLIGHTS:
- Changes to Applicability: J-1 visa holders admitted or obtaining J status before December 9, 2024, are no longer subject to the two-year requirement if their country is not included in the revised Skills List.
- Updated Country Criteria: DOS revised the list based on metrics such as per capita GDP, country size, and outbound migration rates. The updated Skills List removes several countries, including China, India, and others such as: Albania, Algeria, Argentina, Armenia, Bahrain, Bangladesh, Bolivia, Brazil, Chile, Colombia, Congo, Costa Rica, Dominican Republic, Gabon, Georgia, Guyana, Indonesia, Kazakhstan, Laos, Malaysia, Mauritius, Montenegro, Namibia, Oman, Paraguay, Peru, Romania, Saudi Arabia, South Africa, South Korea, Sri Lanka, Eswatini, Thailand, Trinidad and Tobago, Turkey, UAE, and Uruguay.
- Skills Unchanged: The 2024 update does not revise the specific skills listed for each country. For countries still on the list, the applicable skills remain the same as in the 2009 version.
- Other Bases for Applicability: Future Reviews:
DOS plans to review the Skills List every three years, ensuring it reflects global economic and development changes. The previous update occurred on April 30, 2009.
At HSD Immigration Lawyer, we specialize in complex employment-, investment- and family-based immigration matters. If you’re a J-1 visa holder or an employer planning your workforce strategy, contact one of HSD Immigration Lawyer offices in Clark, NJ; Chicago, IL; Naperville, IL or Raleigh, NC.