The Department of State updated the Exchange Visitors Skills List on December 9, 2024, removing 38 countries. But what does this mean?
What is the Exchange Visitors Skills List?
The J-1 Exchange Visitor Skills List is a list maintained by the U.S. Department of State that identifies specialized skills and fields of knowledge that are in short supply in certain countries. This list plays a crucial role in the administration of the J-1 Exchange Visitor Program, which enables foreign nationals to participate in work- and study-based exchange visitor programs in the U.S.
The list’s most important impact on J-1 Exchange Visitors is the 2-year home-country presence requirement. If an exchange visitor’s field of expertise is listed on their country’s skills list, they and their J-2 dependents may be subject to that 2-year home residency requirement. This means the exchange visitor must return to their home country and be physically present there for a cumulative period of 2 years before they are eligible to apply for certain U.S. visas or permanent residency.
What Changed?
The Exchange Visitor Skills List was last updated in 2009. 82 countries appeared on that list. The new 2024 List removed 38 countries, including India, China, and South Korea. J-1 teachers from these countries who were previously subject to the 2-year home residency requirement under Section 212(e) of the Immigration and Nationality Act (INA) are most likely* no longer required to return home at the conclusion of their J-1 programs. Instead, these teachers may lawfully seek another employment-eligible status, such as H-1B, and continue living and working in the U.S.
Here is a complete list of the countries that are no longer on the Skills List:
Albania | Gabon | Peru |
Algeria | Georgia | Romania |
Argentina | Guyana | Saudi Arabia |
Armenia | India | South Africa |
Bahrain | Indonesia | South Korea |
Bangladesh | Kazakhstan | Sri Lanka |
Bolivia | Laos | Swaziland |
Brazil | Malaysia | Thailand |
Chile | Mauritius | Trinidad and Tobago |
China | Montenegro | Turkey |
Colombia | Namibia | United Arab Emirates |
Costa Rica | Oman | Uruguay |
Dominican Republic | Paraguay |
What if You Are Still Subject to the Home Residency Requirement?
In some cases, J-1 visa holders subject to the 2-year home residency requirement may apply for a waiver. This can be accomplished through a “no objection statement” from their home country’s government, an offer of employment from a U.S. government agency, or proving that returning to their home country would cause an exceptional hardship to their U.S. citizen or permanent resident spouse or child.
*J-1 visitors whose countries do not appear on the new list may still need to fulfill the home residency requirement if their program was government-funded or if they received graduate medical education or training in the U.S.
If you have questions about whether you or your J-1 employees are subject to the home residency requirement, I encourage you to reach out using the Book Consult or Contact Us form.
Sources:
“The Federal Register.” Federal Register :: Request Access, www.federalregister.gov/documents/2024/12/09/2024-28718/public-notice-of-revised-exchange-visitor-skills-list. Accessed 11 Dec. 2024.
Kreighbaum, Andrew. “Exchange Visa Skills List Updated with Eye on Foreign Talent (1).” Bloomberg Law, 6 Dec. 2024, news.bloomberglaw.com/daily-labor-report/new-exchange-visa-skills-list-issued-with-eye-on-foreign-talent. Accessed 11 Dec. 2024.
U.S. Department of State, U.S. Department of State, travel.state.gov/content/travel/en/us-visas/visa-information-resources/skill-list-by-country.html. Accessed 12 Dec. 2024.
“The Federal Register.” Federal Register :: Request Access, www.federalregister.gov/documents/2009/04/30/E9-9657/2009-revised-exchange-visitor-skills-list. Accessed 12 Dec. 2024.
U.S. Department of State, U.S. Department of State, travel.state.gov/content/travel/en/News/visas-news/exchange-visitor-skills-list-update-in-federal-register.html. Accessed 12 Dec. 2024.