This week the Department of State (DOS) issued a revised Exchange Visitor Skills List, removing a large number of countries, including China and India, thus impacting which J nonimmigrant exchange visitors are subject to the two-year home residency requirement.
For background, certain J-1 exchange visitors are required to spend two years in their home country after the end of their J-1 program before seeking certain U.S. immigration benefits, including changing from J status to any other status from within the U.S., obtaining an H or L visa, and/or obtaining U.S. permanent residence. Whether an exchange visitor is subject to the two-year home residency requirement can be based on whether their country of last residence before commencing J-1 status is listed on the Skills List and, if so, whether the J-1 holder’s field of expertise falls within the skills designated on the Skills List for that country. With this revision, DOS has changed the countries, not the skills, included in the list previously published in 2009.
Please note that removing a country from the Skills List does not affect individuals from that country who are still subject to the two-year home residency requirement for reasons other than the Skills List, such as receipt of government funding.
The revised list has retroactive effect, meaning that J nonimmigrant exchange visitors will not be subject to the two-year home residence requirement if their country is not designated on this revised list, regardless of whether their country was designated when they acquired J status, or at any other time on a previously published list.
The 2024 revised list removes 37 countries from the 2009 list, including China, India, Malaysia, Saudi Arabia, South Africa, South Korea, and the United Arab Emirates.
Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about how the revised J-1 Exchange Visitor Skills List may apply to your specific circumstances, please contact your team at D&S.