J-1 Visa Restrictions Removed – 37 Countries No Longer on the “Skills List”

For the first time since 2009, the Department of State has revised the Exchange Visitor (J-1) Skills List. The Skills List is a list of countries identified by the Department of State as needing expertise in certain fields of specialized knowledge or skill. Individuals that have their country and field on the Skills List are required to return to their home country for 2 years after the completion of their J-1 exchange visitor program before obtaining other immigration benefits.

Effective December 9, 2024, the Department of State has removed the following 37 countries from the Skills List: Albania, Algeria, Argentina, Armenia, Bahrain, Bangladesh, Bolivia, Brazil, Chile, China, Colombia, 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, Thailand, Trinidad and Tobago, Turkey, United Arab Emirates, and Uruguay.

Individuals from the countries removed are no longer subject to the 2-year home residency requirement based on the Skills List. This decision applies retroactively, meaning that individuals who were previously subject to the 2-year home residency requirement based on the 2009 Skills List are no longer subject if their home country has been removed. These individuals can now pursue other immigration benefits, such as changing their status to H-1B or applying for their permanent residency, without first completing the two-year home residency requirement.

This change does not affect individuals subject to the two-year home residency requirement based on other grounds, such as receipt of government funds or those using the J-1 visa for graduate medical education or training.

If you have any questions about whether you are no longer subject to the two residency requirement and the immigration options now available to you, please consult the author or a member of the Immigration Practice Group.