Department of State Updates Countries on J-1 Skills List for First Time Since 2009
On December 9, 2024, the Department of State (DOS) updated the J-1 Exchange Visitors Skills List by removing more than 30 countries. The list determines whether a J-1 visa visitor is subject to the foreign residence requirement that requires them to return to their home country for two years after completion of their J-1 program. J nonimmigrant exchange visitors from countries who were subject to the foreign residence requirement based on the skills list in the past no longer need to return to their countries for two years after their studies in the United States. DOS is not updating the skills on the list, just those countries that are subject. The revision applies retroactively to individuals who were admitted in J status or obtained J status before December 9, 2024.
Individuals with pending waiver applications who are nationals of countries removed from the skills list should no longer need a 212(e) waiver and should be able to proceed with adjustment of status / visa processing without the waiver. DOS has been notifying impacted applicants of the termination of the 212(e) waiver application.
Importantly, a J-1 visitor may still be subject to the two-year home residency requirement if they received funding from the U.S. government or their home country government, or if they have received graduate medical education or training in the United States.
Countries Removed from Skills List
Albania, Algeria, Argentina, Armenia, Bahrain, Bangladesh, Bolivia, Brazil, Chile, China, Colombia, Congo, Costa Rica, Dominican Republic, Gabon, Georgia, Guyana, India, 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.
Link: Federal Register: Public Notice of Revised Exchange Visitor Skills List