U.S. State Department Makes Major Revisions To J‑1 Exchange Visitor Skills List

In Public Notice 12555, published in the Federal Register on December 9, 2024, the Department of State makes two major revisions to its Exchange Visitor Skills List.

Key Changes

The number of countries on the Exchange Visitor Skills List is reduced by almost half, with 40 countries now off the list. Those no longer on the list include major trading partners like Brazil, China, India and South Korea, and other large economies like Indonesia, Saudi Arabia, South Africa, Turkey and the United Arab Emirates.

The methodology for designating countries for the skills list is now "data driven, transparent, and consistent with U.S. goals for the development of foreign countries." Countries designated for inclusion on the skills list are those with:

1. Per capita gross domestic product (GDP) of less than $7,500 (as a measure of overall economic development);
2. Per capita GDP of $7,500 to $14,999 and determined to be "small" by the State Department; and
3. Per capita GDP of $7,500 to $14,999 and with a significant balance of outbound migration.

As of December 9, 2024, J-1 exchange visitors from the now removed countries will no longer be required to comply with the two-year home residence requirement based on the Exchange Visitor Skills List, even if they were previously subject based on a previously published list.

Background

The J-1 Exchange Visitor visa classification encompasses a broad range of programs for college, university and high school students, trainees and interns, teachers, professors, research scholars, physicians, specialists, au pairs, camp counselors and Summer Work Travel Program visitors. Because the program is intended to foster cultural and educational exchange, J-1 exchange visitors are expected to return to their home country at the end of their stay. There are various statutory and regulatory provisions in place to encourage, and in some cases force, exchange visitors to return home. Immigration and Nationality Act 212(e), 8 USC 1182(e), imposes a mandatory two-year home residence requirement on three categories of exchange visitors (with waivers available in some situations):

• 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 requiring the services of persons engaged in the field of specialized knowledge or skill in which the J-1 exchange visitor was engaged (commonly known as the "skills list").

By shortening the list of countries on the Exchange Visitor Skills List, the State Department makes the J-1 visa a more attractive visa option for nationals and residents of countries that are now no longer listed. Now, J-1 exchange visitors from those countries do not have to meet the two-year foreign residence requirement based on the skills list, thereby eliminating the need to apply for no-objection letters and waivers.

For More Information

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