On December 9, 2024, The Department of State issued two major revisions to its Exchange Visitor Skills list resulting in reducing the number of countries on the Exchange Visitor Skills List by almost half. Countries such as Brazil, China, India, South Korea and others including Indonesia, Saudi Arabia, South Africa, Turkey and the United Arab Emirates will no longer have a 2-year foreign residence requirement for citizens of these countries.
The significance of the removal of these countries from the J-1 Exchange Visitor Skills List cannot be overstated. Citizens of these countries who previously would be barred from applying for nonimmigrant changes of status and U.S. permanent residence will no longer face a return home requirement for two years prior to pursuing their desire to remain in the United States on a permanent basis. The Skills List has not been updated since 2009. The Preamble to the Federal Register Notice issued on December 9, 2024, confirms that the notice is retroactive to all J-1 visa holders to 2009.
Applicable Programs and ‘Return Home’ Requirements
The J-1 Exchange Visitor Skills visa classification includes programs that include but are not limited to, students, trainees, teachers, research scholars, physicians, specialists, au pairs, camp counselors, and Summer Work-Travel Program visitors. While the goal of the J visa program is to encourage cultural and educational exchanges, in many instances, J-1 exchange visitors have historically been mandated to return to their home country at the conclusion of their training or internship in the U.S. for a period of two years prior to return to the U.S.
The Immigration and Nationality Act, section 212(e) imposes a mandatory ‘return home’ requirement based on the following three categories:
- J-1 exchange visitors whose participation was financed by the U.S. or a foreign government.
- J-1 exchange visitors receiving graduate medical education or training, and
- Nationals and residents of countries designated as clearly mandating the services of persons engaged in the field of highly specialized knowledge or skill in which the J-1 exchange visitor was engaged - known as the “Skills List”.
- While in some instances, waivers of the foreign residence requirement are available, not all waivers are granted and generally humanitarian hardship or repayment of funds to a foreign government might qualify a J1 exchange visitor for a waiver.
Conclusion
The lifting of the J-1 foreign residence requirement for many countries makes the J-1 visa clearly a more desirable and attractive visa option for trainees and interns who might have intent to gain experience in the United States prior to embarking on their careers without the concern that the foreign residence might impede an intent in the future to restrict a future permanent stay in the United States. For some J-1 visa holders, a request for an Advisory Opinion to the State Department would be appropriate to assure that the foreign residence no longer affects their status in the United States.
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