On December 9, 2024, the U.S. Department of State published a new Exchange Visitor Skills List (“Skills List”), removing a number of countries that would previously have triggered the application of a two-year home residency requirement, including Brazil, China, India, and South Korea. The revised list supersedes the most recent Skills List published in 2009.
Unlike previous iterations, the revised Skills List is retroactive. Individuals that entered on a J-1 or previously acquired J-1 status who were subject to the two-year foreign residence requirement based on designations in a previously published Skills List will no longer be subject to that requirement if their country is not designated in the revised list.
By way of background, the J-1 visa allows individuals to participate in programs that promote the exchange of people, knowledge, and skills in the fields of education, arts, and science. When an individual’s country and skill appear on the Skills List, exchange visitors are required to spend two years in their native country post program completion, unless they obtain a J-1 waiver. These individuals were ineligible to apply for an immigrant visa, permanent residence, or certain nonimmigrant visas, including H-1B visas, until they had satisfied the requirement or obtained the requisite waiver.
The Department of State has updated the countries included on the Skills List based on criteria that is “data driven, transparent, and consistent with U.S. goals for the development of foreign countries.” Since the initial publication of the Skills List on April 25, 1972, countries that appeared on the list were previously listed at the request of the foreign country. This meant that some countries were overrepresented on the list requiring all J-1 program participants to return home, while other countries of similar development were absent from the list. The update does not change any of the skills for the countries that appear on the Skills List. Nor does it affect the foreign residency requirements for foreign physicians who received medical training in the Unites States. Going forward, the State Department will review the Skills List every three years and update it accordingly.
The State Department’s revisions to the Skills List are also consistent with the White House’s executive order last year on the promotion of artificial intelligence and other emerging technology by expanding the ability of highly skilled immigrants and nonimmigrants with this expertise to study, stay, and work in the United States. The J-1 visa is most frequently used by universities, hospitals, and research institutions. The new announcement does not change program requirements or how the J-1 program is administered. However, the Skills List revision makes the J-1 an even more attractive option for sponsors and participants alike, as individuals may be more willing to accept opportunities on a J-1 if they are not burdened by the two-year home residency requirement.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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