J1 Visa Two-Year Home Country Requirement Changes: Update to J1 Skills List

J1 Visa Two-Year Home Country Requirement Changes: Update to J1 Skills List

Effective December 9, 2024, the U.S. Department of State (DOS) revised the J-1 Exchange Visitor Skills List. This list determines if a J-1 visa holder is subject to the two-year foreign residence requirement, which requires certain J-1 visa holders to return to their home country for 2 years after completing their J-1 program. DOS will review the Skills List every three years to ensure its accuracy.

This update only affects former J-1 visa holders who were subject to the two-year home country requirement based on the Skills List. If you are subject to the two-year home residence requirement based on funding from the U.S. government or home country government, or from receiving graduate medical education or training in the United States, then you need to fulfill the requirement or obtain a J-1 visa waiver.  

If you are subject to the 2-year foreign residency requirement, you need a J1 visa waiver to be able to change status in the United States, apply for green card or get H, L or K-1 fiancé visas without first returning to your home country for two years. The requirements for a J1 visa waiver depend on the specific waiver you are applying for.

Key Changes:

  • Reduced Scope: Many countries, including China and India, have been removed from the Skills List. The revised Skills List no longer includes the following countries: 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.

  • Eligibility for J-1 Visa Holders: J-1 visa holders whose countries were removed from the revised Skills List, and who obtained J-1 status before December 9, 2024, are no longer subject to the two-year foreign residence requirement. This means that individuals with pending J-1 waiver applications from countries removed from the list no longer require a waiver and can proceed with their immigration processes, including adjustment of status or visa processing.

  • Focus on Economic Factors: The DOS determines the list of countries subject to the revised Skills List by considering factors such as per capita GDP, country size, and outbound migration rates.

  • Skills Unchanged: For countries on this revised 2024 Skills List, the skills are the same as in 2009 Skills List.

Malescu Law can assist

If you are a J-1 visa holder and unsure whether you are subject to the two-year home country requirement, contact us or schedule a consultation.

The two-year home country requirement can significantly impact your immigration plans. You may need a waiver to proceed with immigration processes such as changing your immigration status within the U.S., applying for a green card (permanent residency) or obtaining other visas (e.g., H-1B, L-1, K-1).

J-1 visa waiver applications can be complex and require careful attention to detail. Consult with an experienced J1 visa waiver lawyer for guidance on the waivers.

We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.

Contact us or schedule a consultation.

Malescu Law P.A. – Business & Immigration Lawyers

 

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