Effective today, December 9, 2024, the Department of State (DOS) published an update to the J-1 Exchange Visitors Skills List, a list of countries that require the services of individuals engaged in specific fields of specialized knowledge or skills. The list determines whether a J-1 visa visitor is subject to the two-year foreign residence requirement, that requires certain J-1 exchange visitors to return to their home country for two years after their J-1 program, under Section 212(e) of the amended Immigration and Nationality Act.
The update has the following takeaways:
J-1 visitors who were admitted in J status or obtained J status before December 9, 2024, are no longer subject to the requirement if their country is not designated in this revised Skills list.
The list removes several countries, notably China and India, subject to the two-year foreign residence requirement. The list removes Albania, Algeria, Argentina, Armenia, Bahrain, Bangladesh, Bolivia, Brazil, Chile, China, Colombia, Congo, Costa Rica, Dominican Republic, Gabon, Georgia, Guyana, India, Indonesia, Kazakhstan, Laos, Malaysia, Mauritius, Montenegro, Namibia, Oman, Paraguay, Peru, Romania, Saudi Arabia, South Africa, South Korea, Sri Lanka, Eswatini (Swaziland), Thailand, Trinidad and Tobago, Turkey, United Arab Emirates, and Uruguay.
DOS did not update skills in this update. For countries on this revised 2024 Skills List, the skills are the same as in the 2009 Skills List.
However, a J-1 visitor may be subject to the requirement based on funding from the U.S. government or home country government, or from receiving graduate medical education or training in the United States. This update only affects former J-1 visa holders who were subject to the two-year foreign residence requirement based on the Skills List.
© Jewell Stewart Pratt Beckerson & Carr PC 2024