DOS Issues Revised J-1 Exchange Visitor Skills List with Retroactive Effect; China and India, Among Other Countries, Have Been Removed From the List

The Department of State (DOS) has released an update of the J-1 Exchange Visitor Skills List (“Skills List”) effective December 9, 2024. The revised list removes a large number of countries (including China, India, Malaysia, Saudi Arabia, South Africa, South Korea, and United Arab Emirates) and broadens opportunities for current or former J-1 nonimmigrants to remain in or return to the United States.

Some J-1 exchange visitors are required to spend two years in their home country after the end of their J-1 program and before they seek certain other U.S. immigration benefits. One of the triggers for this home residency requirement is the foreign national’s country of nationality (or of last residence) and field of expertise appearing on the Department of State Skills List – a list of countries designated as requiring the services of persons engaged in certain fields of specialized knowledge or skills.

The Federal Register Notice states that the 2024 Skills List will apply retroactively. As such, J nonimmigrant exchange visitors who were subject to the two-year home residence requirement at the time of their admission or acquisition of J status based on designations in a previously published Skills List will no longer be subject to that requirement if their country is not designated in this revised list. Foreign nationals who are no longer subject will now be able to do the following without first having to either spend two years in their home country or seek a waiver of the two-year requirement:

• Change from J nonimmigrant status to any status from within the United States;
• Obtain an H or L nonimmigrant visa; and/or
• Obtain U.S. permanent residence.

DOS has periodically updated the Skills List since it was established decades ago; the latest revision was issued in 2009. 

With this revision, DOS is updating the countries included on the Skills List based on a number of factors, including overall economic development, country size, and overall outbound migration rate to align with the United States’ goals for the development of foreign countries. DOS is not updating the skills in this revision; the skills listed remain the same as in the 2009 Skills List.