J-1
Effective December 9, 2024, the Department of State (DOS) published a notice updating the J-1 Exchange Visitors Skills List. The list determines whether a J-1 visa holder is subject to the two-year foreign residence requirement requiring certain J-1 exchange visitors to return to their home country for two years after their J-1 program, under Section 212(e) of the amended Immigration and Nationality Act.
Based on the updated J-1 Exchange Visitors Skills List, J-1 visitors who were admitted in J status or obtained J status before December 9, 2024, may no longer be subject to the requirement if their country is not designated in this revised Skills list. The list removes several countries subject to the two-year foreign residence requirement, including Albania, Algeria, Argentina, Armenia, Bahrain, Bangladesh, Bolivia, Brazil, Chile, China, Colombia, Congo, Costa Rica, Dominican Republic, Gabon, Georgia, Guyana, India, Indonesia, Kazakhstan, Laos, Malaysia, Mauritius, Montenegro, Namibia, Oman, Paraguay, Peru, Romania, Saudi Arabia, South Africa, South Korea, Sri Lanka, Eswatini (Swaziland), Thailand, Trinidad and Tobago, Turkey, United Arab Emirates, and Uruguay.
However, this update only affects former J-1 visa holders who were subject to the two-year home country requirement based on the Skills List. A J-1 visa holder may be subject to the 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.
If you have any questions about the updated J-1 Exchange Visitors Skills List, or any other immigration related questions, please contact us to speak with an Attorney at Law MJ Kim LLC.
