Changes to the Exchange Visitor Skills List Effective December 2024
The U.S. Department of State has issued a significant update to the Exchange Visitor Skills List, which takes effect on December 9, 2024. This marks the first comprehensive revision since 2009. The Skills List determines which foreign nationals admitted to the U.S. on a J-1 Exchange Visitor visa are subject to the two-year home-country physical presence requirement under Section 212(e) of the Immigration and Nationality Act. This update aligns the list with current global economic development needs and migration patterns.
What is the Exchange Visitor Skills List?
The Skills List identifies fields of specialized knowledge and skills that are deemed essential for the development of exchange visitors’ home countries. Nationals or residents of countries on this list may be subject to the two-year home-country physical presence requirement, meaning they must return to their home country for a cumulative period of two years before being eligible to apply for certain H-1B or L-1 visas or for U.S. Permanent Resident status.
The 2024 update has removed several countries from the Exchange Visitor Skills List, reducing the number of foreign nationals subject to the two-year requirement.
Countries Removed from the Exchange Visitor Skills List (No Longer Subject to the Two-Year Home Residence Requirement):
- Albania
- Algeria
- Argentina
- Armenia
- Bangladesh
- Bolivia
- Brazil
- Chile
- China
- Colombia
- Costa Rica
- Dominican Republic
- Gabon
- Georgia
- Guyana
- India
- Indonesia
- Kazakhstan
- Laos
- Malaysia
- Mauritius
- Namibia
- Oman
- Paraguay
- Peru
- Romania
- Saudi Arabia
- South Africa
- South Korea
- Sri Lanka
- Thailand
- Trinidad and Tobago
- Turkey
- United Arab Emirates
- Uruguay
Impact on Foreign Nationals
- Foreign nationals from countries removed entirely from the Skills List will no longer be subject to the two-year home-country physical presence requirement under the Skills List provision. This change may provide greater flexibility in their U.S. immigration options.
- Foreign nationals from countries added to the Skills List must now plan for the two-year requirement if their specialized skills fall under their home country’s designated needs.
What This Means for J-1 Visa Holders
If you are a J-1 visa holder or plan to apply for a J-1 visa, this change could affect your ability to remain in or return to the U.S. after completing your exchange program. Understanding your obligations under this revised Skills List is crucial for planning your immigration path.
Next Steps
- Review the Revised Skills List: Verify whether your home country and field of expertise are affected.
- Consult an Immigration Attorney: The application of the two-year home-country physical presence requirement depends on individual circumstances, and personalized legal advice can help you navigate these changes effectively.
For more information, visit the U.S. Department of State’s Exchange Visitor Skills List.
Contact Us
If you have questions or need assistance regarding the revised Skills List or other immigration matters, please contact our office. Our experienced immigration attorneys are here to guide you through these changes and help you plan for your future.