On December 9, 2024, through publication in the Federal Register, the U.S. Department of State announced a major shift in the policy governing the Exchange Visitor Skills List. This shift removes the two-year home residency requirement for J-1 Visa holders from 34 countries, including Malysia, China, India, South Korea, Saudi Arabia, and the UAE. This is a significant revision made for the first time in 15 years and its impact will be profound to the workers from these countries on J-1 Status as well as to the employers requiring their expertise.
The Exchange Visitor Skills List is a list containing fields of specialized knowledge and skills that the U.S. Dept of State considers essential for a country’s development. Nationals from these countries who are here on J-1 visas are required to return to their home country or last country of residence for at least two years to be able to apply the knowledge attained through successful completion of their programs.
The criteria to assess whether countries should remain on the home residency requirement list are data-driven based on per capita GDP, country size and migration trends. The Department of State has chosen these indicators as an objective and measurable proxy for a country’s standard of living and determined that the countries that have been removed do not require expertise in these fields.
This is a welcome policy shift towards modernizing the U.S. immigration policy. The change is proving to be highly beneficial to U.S. employers, as it allows them to retain global talent and to onboard professionals and experts such as researchers, scholars, and trainees by filing change of status petitions from J-1/J-2 to other work visa/status such as H or L as deemed appropriate. It also permits employers to sponsor permanent residence for them. Employers, particularly in science, technology engineering and mathematics (STEM) disciplines will be able to continue employing foreign talent engaged in valuable research work or who have been provided training in proprietary products and technologies without any disruption. The State Department has indicated that it intends to review the Skill list ever three years and will publish updates as needed. It should be noted that certain J-1 professionals, such as foreign medical graduates and those receiving government funding from the removed countries, may still be required to complete the two-year residency program unless a waiver has been granted. Furthermore, the new rule can be potentially rescinded if Congress decides to overturn it within 60 legislative days through its power under the Congressional Review Act.
Employers and J-1 status holders who are no longer subject to the limitations are encouraged to consult with immigration attorneys to understand the proper implications and the benefits of this new policy.
