• Insights

United States: DOS Issues Revised J-1 Exchange Visitor Skills List with Retroactive Effect; China and India, Among Other Countries, Have Been Removed From the List

December 9, 2024

insight-news-default

Country / Territory

  • United StatesUnited States

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • China, India, Malaysia, Saudi Arabia, South Africa, South Korea, the United Arab Emirates, and more than 20 other countries have been removed from the J-1 Exchange Visitor Skills List, meaning that nationals of these countries are no longer subject to a two-year home residency requirement on the basis of possessing skills needed in their home country.
  • The revised Skills List is effective retroactively; foreign nationals who were previously subject to a home-residency requirement based on the list may now be able to change status to H-1B or pursue permanent residence, unless they are subject to the home-residency requirement on another basis.
  • There are no updates to the skills in the revision.

A closer look

The Department of State (DOS) has released an update of the J-1 Exchange Visitor Skills List (“Skills List”) effective December 9, 2024. The revised list removes a large number of countries and broadens opportunities for current or former J-1 nonimmigrants to remain in or return to the United States.

The Federal Register Notice states that the 2024 Skills List will apply retroactively. As such, J nonimmigrant exchange visitors who were subject to the two-year home residence requirement at the time of their admission or acquisition of J status based on designations in a previously published Skills List will no longer be subject to that requirement if their country is not designated in this revised list. Foreign nationals who are no longer subject will now be able to do the following without first having to either spend two years in their home country or seek a waiver of the two-year requirement:

  • Change from J nonimmigrant status to any status from within the United States;
  • Obtain an H or L nonimmigrant visa; and/or
  • Obtain U.S. permanent residence.

DOS has periodically updated the Skills List since it was established decades ago; the latest revision was issued in 2009. 

Background

Some J-1 exchange visitors are required to spend two years in their home country after the end of their J-1 program and before they seek certain other U.S. immigration benefits. One of the triggers for this home residency requirement is the foreign national’s country of nationality (or of last residence) and field of expertise appearing on the Department of State Skills List – a list of countries designated as requiring the services of persons engaged in certain fields of specialized knowledge or skills. 

With this revision, DOS is updating the countries included on the Skills List based on a number of factors, including overall economic development, country size, and overall outbound migration rate to align with the United States’s goals for the development of foreign countries. DOS is not updating the skills in this revision; the skills listed remain the same as in the 2009 Skills List.

Notable aspects of the 2024 Revised Skills List

The 2009 Skills List included 82 countries; the 2024 Skills List includes 45 countries, a removal of 37 countries in this revision. Of note, China, India, Malaysia, Saudi Arabia, South Africa, South Korea and the United Arab Emirates have been removed from the 2024 Skills List.

What this means for foreign nationals

Foreign nationals who had been deemed subject to the 2009 Skills List should confirm whether they will remain subject to the two-year residency requirement based on the revised Skills List given that the Federal Register Notice states that the 2024 Skills List will apply retroactively. Those who are no longer subject will now be able to change status from J-1/J-2 within the United States, seek H and L visas, and seek permanent residence without first having to spend two years in their home country or seek a waiver of the two-year requirement.

This change does not affect foreign nationals who may be subject to the J-1 home residency requirement on bases other than the Skills List, such as receipt of government funding for their J-1 program or entry as a foreign medical graduate. These foreign nationals will still be required to either fulfill the two-year requirement or seek a waiver. Further, if the incoming Trump Administration takes steps to again revise or roll back the new Skills List revision, impact of the change could be limited.

However, at this time, employers and foreign nationals should identify those that are no longer subject to the home residency requirement based on the Skill List and determine whether their plans to remain in or return to the United States can benefit from this significant change.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

Right to Work Changes from 1 October 2026: Why Employers Need to Act Now

Partner Naomi Goldshtein discusses the UK Right to Work changes taking effect from 1 October 2026 and what employers should do now to strengthen identity verification, workforce oversight and compliance across direct and extended worker populations.

Learn more

Awards

Senior Associate Tuğba Özyakup Appointed to Dutch Bar Legislative Committee on Immigration Law

Senior Associate Tuğba Özyakup has been appointed to the Dutch Bar’s Legislative Committee on Immigration Law, where she will contribute input and advice on proposed and existing immigration legislation.

Learn more

Media mentions

Global Mobility Lawyer: Fragomen expands US footprint with new Denver office

Fragomen has opened a new Denver office to strengthen its support for Colorado businesses navigating evolving immigration requirements and talent needs.

Learn more

Podcast

Insight & Impact - Episode 2: Why Data Matters

Canada Managing Partner Cosmina Morariu and Senior Director Leah L. Rogal discuss how immigration, demographic, labor market and economic data can help organizations interpret policy developments, anticipate talent needs and make more strategic workforce and mobility decisions.

Learn more

Fragomen news

Fragomen Opens Denver Office, Strengthening Support for Colorado Employers

Fragomen opens a Denver office to expand immigration support for Colorado employers and growing businesses.

Learn more

Video

Ordinary Naturalisation in Switzerland | #MobilityMinute

Manager Mihaela Dumitru discusses key requirements for ordinary naturalisation in Switzerland, including residence, integration, language skills and local knowledge assessments.

Learn more

Blog post

Pre-Settled Status and Absences From the UK: When Could Status Be at Risk?

In this blog, Immigration Consultant Mirela Sartori explains when absences could place status at risk, how the Home Office assesses residence and what to do if you receive a “minded to curtail” notice, which generally requires a response within 28 days.

Learn more

Article

Foreign Birth Registration: Mistakes That Can Delay Irish Citizenship Applications

From documentation gaps and certification errors to missed deadlines, Senior Immigration Consultant Patricia Rezmives highlights 8 common FBR pitfalls and how applicants can avoid them.

Learn more

Blog post

Vous envisagez les États-Unis pour la rentrée prochaine ? C'est le moment de préparer votre visa E-2!

Entrepreneurs français : anticipez votre projet d’installation aux États-Unis avec un visa E-2. Découvrez les étapes clés pour préparer votre investissement, votre demande de visa et le déménagement familial avant la prochaine rentrée scolaire.

Learn more

Media mentions

Biometric Update: Fragomen-SICPA JV Adds IDEMIA Biometrics to Assemble End-to-End Identity Platform

Fragomen and SICPA expand their digital identity platform through a strategic collaboration with IDEMIA Public Security.

Learn more

Blog post

Document Legalization Is Becoming a Global Mobility Compliance Issue: Five Trends Employers Should Watch

In this blog, UAE Consular and Document Services Manager Minu Joseph examines five global legalization trends through a Middle East lens—and outlines how employers can prepare earlier to keep assignments on track.

Learn more

Blog post

Doing Business in Qatar: Growth and Workforce Mobility

In this blog, Corporate Services Manager Julia Ignatenko explores why businesses should coordinate company formation, regulatory compliance, leadership presence and workforce mobility from the outset.

Learn more

Blog post

Right to Work Changes from 1 October 2026: Why Employers Need to Act Now

Partner Naomi Goldshtein discusses the UK Right to Work changes taking effect from 1 October 2026 and what employers should do now to strengthen identity verification, workforce oversight and compliance across direct and extended worker populations.

Learn more

Awards

Senior Associate Tuğba Özyakup Appointed to Dutch Bar Legislative Committee on Immigration Law

Senior Associate Tuğba Özyakup has been appointed to the Dutch Bar’s Legislative Committee on Immigration Law, where she will contribute input and advice on proposed and existing immigration legislation.

Learn more

Media mentions

Global Mobility Lawyer: Fragomen expands US footprint with new Denver office

Fragomen has opened a new Denver office to strengthen its support for Colorado businesses navigating evolving immigration requirements and talent needs.

Learn more

Podcast

Insight & Impact - Episode 2: Why Data Matters

Canada Managing Partner Cosmina Morariu and Senior Director Leah L. Rogal discuss how immigration, demographic, labor market and economic data can help organizations interpret policy developments, anticipate talent needs and make more strategic workforce and mobility decisions.

Learn more

Fragomen news

Fragomen Opens Denver Office, Strengthening Support for Colorado Employers

Fragomen opens a Denver office to expand immigration support for Colorado employers and growing businesses.

Learn more

Video

Ordinary Naturalisation in Switzerland | #MobilityMinute

Manager Mihaela Dumitru discusses key requirements for ordinary naturalisation in Switzerland, including residence, integration, language skills and local knowledge assessments.

Learn more

Blog post

Pre-Settled Status and Absences From the UK: When Could Status Be at Risk?

In this blog, Immigration Consultant Mirela Sartori explains when absences could place status at risk, how the Home Office assesses residence and what to do if you receive a “minded to curtail” notice, which generally requires a response within 28 days.

Learn more

Article

Foreign Birth Registration: Mistakes That Can Delay Irish Citizenship Applications

From documentation gaps and certification errors to missed deadlines, Senior Immigration Consultant Patricia Rezmives highlights 8 common FBR pitfalls and how applicants can avoid them.

Learn more

Blog post

Vous envisagez les États-Unis pour la rentrée prochaine ? C'est le moment de préparer votre visa E-2!

Entrepreneurs français : anticipez votre projet d’installation aux États-Unis avec un visa E-2. Découvrez les étapes clés pour préparer votre investissement, votre demande de visa et le déménagement familial avant la prochaine rentrée scolaire.

Learn more

Media mentions

Biometric Update: Fragomen-SICPA JV Adds IDEMIA Biometrics to Assemble End-to-End Identity Platform

Fragomen and SICPA expand their digital identity platform through a strategic collaboration with IDEMIA Public Security.

Learn more

Blog post

Document Legalization Is Becoming a Global Mobility Compliance Issue: Five Trends Employers Should Watch

In this blog, UAE Consular and Document Services Manager Minu Joseph examines five global legalization trends through a Middle East lens—and outlines how employers can prepare earlier to keep assignments on track.

Learn more

Blog post

Doing Business in Qatar: Growth and Workforce Mobility

In this blog, Corporate Services Manager Julia Ignatenko explores why businesses should coordinate company formation, regulatory compliance, leadership presence and workforce mobility from the outset.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
September 10, 2026 | United StatesUnited States: DHS Proposes Eliminating Discretionary 60-Day Nonimmigrant Grace Period
September 10, 2026 | CanadaCanada: United Kingdom Added to CPTPP Work Permit Provisions
September 10, 2026 | IrelandIreland: Government Proposes Significant Amendments to Naturalisation Legislation
September 10, 2026 | New ZealandNew Zealand: Rules on Investor Visa Relaxed
September 10, 2026 | NetherlandsSenior Associate Tuğba Özyakup Appointed to Dutch Bar Legislative Committee on Immigration Law
September 10, 2026 | United StatesUnited States: DHS Proposes Eliminating Discretionary 60-Day Nonimmigrant Grace Period
September 10, 2026 | CanadaCanada: United Kingdom Added to CPTPP Work Permit Provisions
September 10, 2026 | IrelandIreland: Government Proposes Significant Amendments to Naturalisation Legislation
September 10, 2026 | New ZealandNew Zealand: Rules on Investor Visa Relaxed
September 10, 2026 | NetherlandsSenior Associate Tuğba Özyakup Appointed to Dutch Bar Legislative Committee on Immigration Law
September 10, 2026 | United StatesUnited States: DHS Proposes Eliminating Discretionary 60-Day Nonimmigrant Grace Period
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.