The U.S. Department of State has announced a significant update to the Exchange Visitor Skills List, effective December 9, 2024. This is the first major revision in 15 years and removes the two-year home-residency requirement for J-1 visa holders from 34 countries, including China, India, Brazil, South Korea, Saudi Arabia, and the UAE.
Background
Under Section 212(e) of the Irvine Immigration Lawyer and Nationality Act, J-1 visa holders can be subject to a two-year home residence requirement, which means the affected individuals are prohibited from acquiring H-1B visa status or permanent resident status in the United States unless they return to their home country for two years or obtain a waiver.
J-1 visa holders can become subject to this requirement in three ways under Section 212(e):
- Engaging in graduate medical training in the U.S. (i.e. a medical residency or fellowship);
- Receiving funding from their home country government or the U.S. government in connection with their J-1 visa program (such as a Fulbright fellowship recipient); or
- Having their field of study/research listed on their home country’s Skills List, which designates priority fields where the home country wants the individual to return and utilize their U.S.-acquired knowledge and skills.
If an individual’s field/occupation is on their home country’s Skills List, the two-year home residence requirement is triggered; if the field/occupation does not appear on the Skills List – or if the individual’s home country as a whole does not appear on the Skills List – then the two-year home residence requirement would not be triggered.
The December 2024 Update
This update removes many countries, including China, India, and Brazil, from the Skills List, significantly reducing the number of individuals subject to the two-year home residence requirement. This update applies retroactively, meaning the 2024 Skills List supersedes the 2009 list. J nonimmigrants subject to the two-year requirement based on the 2009 list will no longer be subject if their country is not on the revised 2024 list.
Why Were These Changes Made?
The updated Skills List uses modern, data-driven criteria to determine which countries remain subject to the home residency requirement. Factors include:
- Per Capita GDP:Countries with lower GDP are more likely to remain on the list.
- Country Size:Smaller countries with limited capacity to develop internal expertise are prioritized.
- Migration Trends:Nations experiencing significant outbound migration are included.
- Economic Development: Countries with significant progress in technology, education, and healthcare are removed.
Countries like China and India have been removed because they no longer align with the updated criteria. In contrast, the Philippines remains on the list due to its ongoing need for expertise in designated fields, despite advancements in its educational and economic sectors.
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Immediate Benefits for J-1 Visa Holders
J-1 visa holders from China, India, and other removed countries will benefit significantly from this change:
- The two-year home residency requirement will no longer apply unless triggered by other factors, such as government funding or participation in medical training programs.
- Affected individuals can now pursue other U.S. immigration options without needing waivers, including:
- changing from J status to any status from within the U.S.
- obtaining an H or L non-immigrant visa; and/or
- pursuing a U.S. green card.
Opportunities for Employers
Employers will gain immediate access to a broader talent pool, particularly in high-demand fields such as STEM, healthcare, and engineering. This update allows companies to onboard skilled professionals without the delays and complications previously posed by the residency requirement.
This revision underscores the U.S.’s commitment to attracting and retaining global talent, driving innovation, and maintaining its competitive edge in the global economy. For J-1 visa holders and employers, it is crucial to understand how the updated Skills List applies to your situation and take advantage of the opportunities it presents.
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ICONIER Digital Agency