On December 9, 2024, the Department of State published its 2024 Revised Exchange Visitor Skills List (Public Notice 12555) in the Federal Register, marking the first substantial revision of the J-1 Skills List in 15 years. The Exchange Visitor Skills List designates countries that require certain fields of specialized knowledge and skills for the development of their workforce and requires that certain J-1 visa holders return to their home residence countries for two years unless they receive a J-1 waiver. The 2024 update has revised the criteria for determining which countries are included in the Skills List based on an evaluation of economic development, migration trends, and availability of resources. The updated Skills List removed this home residence requirement for 34 countries, signaling a policy shift prioritizing the retention of foreign talent.  

The updated list went into effect on December 9, 2024 and applies retroactively, meaning that J-1 Exchange Visitors who were subject to the 212(e) two-year home residence requirement at the time of their admission or acquisition of J-1 status based on the designations in a previous Skills List are no longer subject to the requirement if their country has been removed. Individuals who are subject to the two-year home residency requirement on other grounds such as the receipt of funding from the U.S. government or their enrollment in programs to receive graduate medical education or training in the United States remain subject to the 212(e) rule unless they have been granted a waiver of the requirement.  

The updated list will have major ramifications for J-1 Exchange Visitors from the 34 countries removed from the list, including India, China, Turkey, Brazil, and others. Individuals from the countries no longer on the J-1 Skills List will now be able to apply for certain immigration benefits—such as H-1B status, O-1 as a change of status, or permanent residence—without returning home or obtaining a J-1 waiver of the requirement. The Skills List update serves as a welcome recognition of the role foreign talent plays in the U.S. economy and will simplify the ability of the United States to retain foreign nationals with specialized knowledge or skills while affording U.S. employers more immediate access to a deeper talent pool.  The Deptartment of State has indicated the Skills List will be reviewed every three years, so there may be more changes benefiting J-1 Exchange Visitors in the years to come as the United States continues its commitment to retaining global talent and remaining competitive in the global economy.  

If you are a J-1 Exchange Visitor or previously held J-1 status and have questions regarding this update, please reach out to the attorneys at Foster LLP to schedule a consultation to review how the recent update to the Skills List may impact you . Foster will continue to monitor developments in U.S. immigration law and will make future updates available via the Foster website at www.fosterglobal.com.