The U.S. Department of State has announced an update to the Exchange Visitor Skills List (“Skills List”), effective December 9, 2024. This update has significant implications for J-1 exchange visitors, particularly those from countries like China, India, South Korea, Sri Lanka, and others which have been removed from the new list. The last time the Skills List was updated was in 2009.
What Is the Skills List?
The Skills List identifies countries that the U.S. Secretary of State has determined require individuals with specialized knowledge or skills. J-1 exchange visitors whose home countries are on this list are subject to a two-year foreign residency requirement under Section 212(e) of the Immigration and Nationality Act (INA). This requirement mandates that these individuals return to their home country for at least two years before becoming eligible for certain U.S. immigration benefits, including H-1B status or permanent residency.
Key Changes in the 2024 Update
The 2024 Skills List applies to J-1 exchange visitors who:
- Are admitted to the U.S. in J status on or after December 9, 2024; or
- Obtain J status on or after this date.
If your country is on the 2024 Skills List, then you are subject to the two-year home country physical presence requirement.
Impact on Those Already in J Status:
If you were admitted to the United States in J status or obtained J status before December 9, 2024, and your country is not on the 2024 Skills List, then you are NOT subject to the two-year home country residency requirement based on the Skills List BUT you may still be subject to it if you received U.S. or home country government funding for your exchange visitor program or if you participated in graduate medical education/training in the United States.
See 2024 Exchange Visitor Skills List here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/skill-list-by-country.html.
Benefits for Clients from Countries Removed from the 2024 Skills List
For clients from countries like China, India, South Korea, Sri Lanka, Turkey, and others, the removal of these nations from the updated Skills List eliminates a significant barrier to pursuing permanent residency or other long-term immigration statuses in the United States. Here’s how this change benefits J-1 exchange visitors:
- Individuals no longer subject to the two-year home residency requirement can apply for U.S. permanent residency (green card) without needing a waiver or fulfilling the two-year stay in their home country.
- Without the two-year home residency requirement, clients can more readily pursue H-1B status or other work visas, providing flexibility to continue their professional journey in the United States.
- The removal of these countries from the list simplifies the process for J-1 exchange visitors and their sponsors, reducing administrative hurdles and potential delays in achieving long-term immigration goals. Frequently, individuals from countries on the Skills List are hesitant to pursue J-1 programs that may subject them to the two-year home residency requirement.
Planning Ahead
For current and prospective J-1 exchange visitors, understanding the implications of the updated Skills List is critical. Those affected by this change are encouraged to review their immigration options and consult with experienced legal professionals to plan their next steps effectively.
How We Can Help
At LPY Law Group, we are committed to helping J-1 exchange visitors navigate the complexities of U.S. immigration law. If you believe you may benefit from these changes or have questions about your immigration options, contact us today for a consultation.