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
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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.
