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:
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.
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