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Last Updated On: December 17, 2024 | Published On: December 17, 2024
Effective December 9, 2024, the Department of State (DOS) has made significant updates to the J-1 Exchange Visitors Skills List. This list plays a crucial role in determining whether J-1 visa holders must return to their home countries for two years after their program ends, as mandated by Section 212(e) of the amended Immigration and Nationality Act. Here’s what you need to know:
J-1 visitors who were admitted in J status or obtained J status before December 9, 2024, are no longer subject to the two-year foreign residence requirement if their home country is not listed in the updated Skills List.
This change allows many J-1 visa holders to move forward with adjustment of status or visa processing without needing a 212(e) waiver.
Individuals from countries that have been removed from the Skills List and have pending 212(e) waiver applications should no longer need the waiver. The DOS is proactively notifying these applicants about the termination of their waiver applications.
The new list considers each country’s overall economic development (measured by per capita GDP), size, and outbound migration rate.
Countries removed from the list include China, India, Albania, Algeria, Argentina, Armenia, Bahrain, Bangladesh, Bolivia, Brazil, Chile, Colombia, Congo, Costa Rica, Dominican Republic, Gabon, Georgia, Guyana, Indonesia, Kazakhstan, Laos, Malaysia, Mauritius, Montenegro, Namibia, Oman, Paraguay, Peru, Romania, Saudi Arabia, South Africa, South Korea, Sri Lanka, Eswatini (Swaziland), Thailand, Trinidad and Tobago, Turkey, United Arab Emirates, and Uruguay.
The specific skills required for the countries that remain on the list have not changed from the 2009 Skills List.
This update does not affect J-1 visitors who are subject to the two-year requirement due to funding from the U.S. or home country government, or those receiving graduate medical education in the U.S.
DOS intends to review and update the Skills List every three years. The last update was published on April 30, 2009.
If you are a J-1 visa holder or employer of J-1 visa holders, it’s important to review these changes closely. The removal of certain countries from the Skills List can significantly simplify the process for those looking to adjust their status or extend their stay in the United States.
VisaNation Law Group’s J-1 visa lawyers are experienced in handling complex J-1 cases including those with previous denials or other immigration situations. They also have a robust track record of obtaining J-1 visa extensions and J-2 visas for relatives. The best way to get started is to schedule a consultation today.
