J-1 Skills List Update 2024

Big Policy Change Retroactively Eliminates 2 Year Home Residency Requirement for 35 Countries Including India, China and Brazil

The State Department has updated the Exchange Visitor Skills List effective December 9, 2024 and retroactively eliminated the 2-year home residencyrequirement for J-1 visa holders from 35 more countries.

These are the first changes to the Skills List since 2009 and will simplify immigration pathways for professionals and keep top international talent in the U.S.

This 2024 Skills List will be used by consular officers to determine the 2 year home country physical presence requirement in section 212(e) of the INA when issuing J exchange visitor visas.

This means that citizens of these countries who have already participated in US exchange programs will no longer be subject to the 2 year rule based on the Skills List.

These are in the Federal Register and have retroactive effect so many foreign nationals will be able to advance their careers or remain with loved ones in the US.

What’s the Big Deal

The Skills List has changed to reflect US immigration policy shifting with the global economy. By removing barriers for high skill professionals the US can attract and retain global talent and stay competitive in key industries.

For Individuals: Easier access to career opportunities and long term residency pathways.
For Employers: More flexibility in hiring and retaining international talent.

Let’s first understand the J-1 visa and the 2 Year Residency Rule.

J-1 Visa

TheJ-1 Exchange Visitor Program allows foreign nationals to come to the US for educational, cultural and professional exchange opportunities. These exchange visitor programs are designed for foreign nationals to engage in various professional and cultural activities in the United States. Common categories of J-1 visas include:

Interns and Trainees
Visiting Professors and Scholars
Au Pairs
Summer Work and Travel Participants

The 2 Year Rule

Some J-1 visa holders are required to go back to their home country (or country of last residence) for at least 2 years after completing their program. During this time they are not allowed to:

Apply for an H, L or K visa or an immigrant visa (Green Card).
Change to another nonimmigrant status while in the US.
Adjust status to lawful permanent resident in the US.

When Does the 2 Year Rule Apply?

A J-1 visa holder is subject to the 2 year ruleif they:

1. Graduate Medical Training

If they use a J-1 visa to participate in graduate medical training (e.g. residency or fellowship) in the US.

2. Government Funding

If the individual’s exchange program is funded, fully or partially, by the US government, their home country’s government or an international organization. Examples include:
Fulbright fellowships.
Funding from US agencies like the National Institutes of Health (NIH) or National Science Foundation (NSF).

3. Skills List Designation

If the individual’s field of study or research is on their home country’s Skills List. Updates to the Skills List can impact the two-year home residence requirement for J nonimmigrant exchange visitors, potentially allowing them to seek other visa options and remain in the U.S. long-term, particularly in academic and research settings.
The Skills List identifies specific fields that are critical to their country’s development and encourages professionals in those fields to return and apply their skills.

What is the Exchange Visitor Skills List?

The Exchange Visitor Skills List is a list of countries and fields of expertise that are critical to a country’s development. The implications of J status for nonimmigrant exchange visitors in relation to the Skills List are significant, particularly concerning the two-year home residence requirement. Individuals from countries on this list who participated in J-1 exchange programs were required to:

Go back to their home country for 2 years after completing their program (2 Year Residency Requirement)
Meet this requirement (or get a waiver) before applying for US immigration benefits such as:
Permanent residency (Green Card).
Certain visa categories, H-1B (specialty occupation) or L-1 (intra-company transfer), K-1 fiancee

This requirement is to ensure that participating countries benefit from the expertise their citizens gain while in the US.

The latest update removed the 2 year residency requirement for 34 countries, leaving 27 countries still subject to the rule.

Why is the Skills List important?

The Skills List serves two purposes:

Global Development:

By requiring exchange visitors to go back to their home countries, it ensures countries benefit from their citizens’ expertise.

U.S. Diplomacy:

Exchange programs promote mutual understanding and cooperation between the US and other countries.

How to use the Exchange Visitor Skills List

Step 1: Is Your Country on the Skills List?

Find Your Country:

Go to the Skills List by Country page to see if your country is on the list.
Check the country on your Form DS-2019.
Changes to the Skills List can affect the two-year home residence requirement for nonimmigrant exchange visitors, allowing those from countries removed from the list to more easily participate in the J-1 program.

If You Were a Permanent Resident Elsewhere:

If you were a permanent resident in a country other than your nationality when you entered the US, use the Skills List for that country (as stated on your Form DS-2019).
Outcome:
Yes, My Country Is on the Skills List: Go to Step 2.
No, My Country Is Not on the Skills List:
You are not subject to the 2 year requirement based on the Skills List.
But you may still need to meet the requirement if your program was:
Funded by the US or your home country.
Involved graduate medical education or training.

Step 2: Is Your Field of Study Included?

Find Your Field:

Check your country’s Skills List to see if your field of study is listed.

Broad Subject Areas:

If your field isn’t listed, look for broader subject areas (e.g., “engineering”, “healthcare”). Fields not listed directly often fall under larger categories in the Master Skills List.
Outcome:
- Yes, My Field is on the Skills List: You must meet the 2 year home-country physical presence requirement.
- No, My Field is Not on the Skills List: You are not subject to the 2 year requirement based on the Skills List. But government funding or medical training may still require this.

Background

The Skills List is in line with US foreign policy goals as stated in:

The Fulbright-Hays Act (1961):
- To promote international cultural and educational exchange.
The United States Information and Educational Exchange Act of 1948:
- To encourage mutual understanding and peaceful relations among nations.

History of the Skills List

2024 Exchange Visitor Skills List – Federal Register Notice
2009 Exchange Visitor Skills List – Federal Register Notice
1997 Exchange Visitor Skills List (PDF – 379 KB)
1984 Exchange Visitor Skills List (PDF – 305 KB)
1972 Exchange Visitor Skills List (PDF – 181

Updates to the Skills List can significantly impact J-1 visa holders, especially when considering the previously published skills list and its effect on the two-year home residence requirement.

The State Department will review and update the Skills List every 3 years from now on.

Administrative Notes

Exempt from Public Comment

The revised Skills List is exempt from public notice and comment under the APA because it is a foreign affairs function. Public input could:

Complicate Diplomacy:
Public disputes over the designations could harm US relations with the countries involved.
Delay Implementation:
Foreign policy decisions are sensitive and require quick action.

Why Was the Skills List Updated?

This is the first major update to the Skills List in 15 years. The State Department re-evaluated the criteria to reflect global changes in economic, educational and technological development.

Reasons for Removal

Economic Growth:

Countries with higher per capita GDP are considered to have fewer skill shortages.
Example: China and India have been removed because of the growth of their economies and education systems.

Country Size:

Larger countries with more resources are assumed to be able to develop their own skilled workforce.

Migration Trends:

Countries with significant outbound migration are still included to avoid the “brain drain”.

Progress in Key Sectors:

Countries with progress in healthcare, education, technology and infrastructure no longer need external expertise in certain fields.
Example: The Philippines is still on the list because of ongoing needs in specific fields, despite some economic growth.

How does the Department decide which countries are on the list?

The Department uses objective, data-driven criteria to evaluate a country’s development and workforce needs:

A. Low-Income Countries

Definition: Countries with a per capita GDP below $7,500 (2023 dollars, PPP).
Reason: These countries often lack the financial and institutional resources to develop a highly skilled workforce, so external expertise is needed.

B. Middle-Income Countries

Definition: Countries with a per capita GDP between $7,500 and $15,000.
Additional Factors:

Small Population or Size: Smaller countries may not have enough educational or professional opportunities.
Migration Trends: Countries with significant emigration lose skilled talent and have gaps in fields like healthcare or technology.

C. Migration Challenges (Brain Drain)

Countries that have lost the most talent over the past 10 years are prioritized.
Example: Countries with high emigration of medical professionals need those skills to support their healthcare systems.

Why these criteria matter

These thresholds reflect global development goals. They take into account:

Standard of Living: Countries with lower GDP per capita need skilled professionals to improve economic and social progress.
Human Capital Development: The Skills List keeps expertise in areas where it matters most.

2024 J-1 Skills List Highlights

1. Countries Removed from the Skills List

35 countries were removed in total, reducing the number of J-1 visa holders subject to the 2-year residency requirement

India, Brazil and China were removed from the Skills List and they send the most J-1 exchange visitors to the US.

Countries removed from the Skills List:

· Albania

· Algeria

· Argentina

· Armenia

· Bangladesh

· Bolivia

· Brazil

· Chile

· China

· Colombia

· Costa Rica

· Dominican Republic

· Gabon

· Georgia

· Guyana

· India

· Indonesia

· Kazakhstan

· Laos

· Malaysia

· Mauritius

· Namibia

· Oman

· Paraguay

· Peru

· Romania

· Saudi Arabia

· South Africa

· South Korea

· Sri Lanka

· Thailand

· Trinidad and Tobago

· Turkey

· United Arab Emirates

· Uruguay

2. Countries still on the Skills List

45 countries remain on the list. Here they are:

Belize

Benin

Burkina Faso

Burma (Myanmar)

Cambodia

Cameroon

Cape Verde

Congo, Dem. Rep.

Djibouti

Ecuador

El Salvador

Eritrea

Eswatini

Ethiopia

Fiji

Gambia, The

Ghana

Guatemala

Haiti

Honduras

Jamaica

Kenya

Kosovo

Lebanon

Liberia

Malawi

Mali

Mauritania

Mozambique

Nepal

Nicaragua

Niger

Nigeria

Palestinian Authority (West Bank and Gaza)

Philippines, The

Rwanda

Senegal

Tajikistan

Tanzania

Timor-Leste

Togo

Tonga

Venezuela, RB

Yemen, Rep.

Zambia

This list is based on the countries designated as needing specialized knowledge or skills for their development by the U.S. Department of State. Nationals of these countries participating in the J-1 Exchange Visitor Program in the designated fields are subject to the 2-year home-country physical presence requirement.

3. Retroactive

The changes apply to current and former J-1 visa holders.

If your country is no longer on the list, the 2-year residency requirement no longer applies to you even if it did at the time of your admission.
Former J-1 participants who were subject to the rule based on the 2009 Skills List can now benefit from the retroactive removal of their country.

4. Unchanged Requirements for Other Reasons

The Skills List update does not affect J-1 visa holders subject to the 2-year requirement for:

Funding from U.S. or home country governments: For example, Fulbright or government-funded programs.
Graduate medical education or training: For example, ECFMG-sponsored programs.

Even if a country is no longer on the list, the 2-year requirement may still apply for the above reasons. Additionally, the requirement may still apply if an individual has received graduate medical education in the United States.

5. No Skills Changes

The countries changed, but the fields of expertise didn’t.

6. Easier Career Advancement

Researchers and trainees can stay in the U.S. and continue their careers uninterrupted.
J-1 holders from historically oversubscribed countries like India and China can now compete more easily for H-1B visas.

7. No Waiver Needed:

Previously, these individuals would have had to apply for a J-1 waiver to waive the home residency requirement. This process is long and painful, and is no longer necessary for those from the removed countries.

8. For Researchers and Scholars:

J-1 is commonly used by postdoctoral researchers in U.S. universities and research institutions.
Many institutions rely on international talent, with over 50% of postdoc positions filled by foreign nationals.
By removing the Skills List for many countries, international researchers can more easily transition to long-term opportunities in the U.S. and contribute to science, technology and education.

What Should J-1 Visa Holders Do?

The new Skills List brings big benefits to J-1 participants from removed countries. Here’s what you should do.

1. Check Your Country on the 2024 Skills List

See if your country is on the list.
If not, the Skills List no longer applies to you.

2. Other Factors That May Apply

Are you subject to the 2-year rule for:
- Government funding: Programs funded by the U.S. or your home country.
- Graduate medical education/training: Sponsored by organizations like ECFMG.

3. Advisory Opinion:

If unsure, you can request an Advisory Opinion from the Waiver Review Division. This will determine if the 2-year foreign residence requirement applies to your case. See travel.state.gov for more information

3. Stay in the U.S.

Foreign nationals no longer subject to the 2-year rule can:

Change Status: Switch from J-1 to another nonimmigrant status (H-1B or L-1) without leaving the U.S.
Apply for a Green Card: Seek permanent residency (family or work) without fulfilling or waiving the 2-year requirement.

Who is affected by the 2024 Skills List?

1. J-1 Holders Admitted or Acquiring Status On or After December 9, 2024

If your country is on the 2024 Skills List:
You are subject to the 2-year home residency requirement.
If your country is not on the 2024 Skills List:
You are exempt from the Skills List.

2. J-1 Holders Admitted or Acquiring Status Before December 9, 2024

If your country was on a previous Skills List but is no longer on the 2024 Skills List:
You are no longer subject to the 2-year requirement.
Example: If you entered the U.S. in 2020 and your country is no longer on the list, the rule does not apply retroactively to you.
For such applicant whose country has changed status on the Skills List, the procedures for evaluating applications will consider whether they are still subject to the two-year requirement based on previous listings or other factors.

3. Pending Waiver Applications

Those with pending waiver applications where the country was on the 2009 Skills List but is now removed in the 2024 update:
The Department will review your application to see if the requirement applies for other reasons (e.g. funding or medical training).
If not, they will let you know.

Who is Not Affected by the 2024 Skills List?

The 2024 Skills List does not apply to J-1 exchange visitors subject to the 2-year rule for other reasons:

Government or International Funding

If your program was funded by the U.S. government, your home government or an international organization (e.g. Fulbright programs).

Graduate Medical Training in the U.S.

If you were sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG) for medical training.

If either of these apply to you, the 2-year rule still applies and you must fulfill the requirement or apply for a waiver.

If Your Country is Still on the List:

You may still be subject to the 2-year home residency requirement.
But you can apply for a J-1 waiver under these circumstances:
- Government sponsorship waiver: A U.S. government agency needs you for a critical project.
- Hardship waiver: Returning to your home country would cause undue hardship to a U.S. citizen spouse or child.
- Persecution waiver: Returning would pose a significant risk to your safety.
- No Objection Waiver: If your country issues a “No Objection Letter” stating it has no objection to you not fulfilling the 2 year residency requirement (not available to Foreign Medical Graduate J-1s).

See J-1 Waiver Division for more information.

Impact on Employers & U.S.

1. Fewer Barriers to Hiring Global Talent

Employers in STEM, healthcare and education can hire skilled workers and fill gaps in the workforce without the 2-year rule headaches.
Companies can sponsor H-1B or Green Cards for eligible candidates more easily.

2. More Recruitment Opportunities

Removal of residency restrictions allows international researchers and scientists to accept J-1 positions knowing they can stay in the U.S. longer.

3. J-1 for Start-Ups and Smaller Entities

J-1 for Start-Ups and Smaller Entities

4.Innovation:

Highly skilled workers, especially researchers and scientists, can stay in the U.S. and contribute to science, technology, healthcare and education.

5.Competitiveness:

By removing the obstacles, U.S. employers can attract and retain the best and brightest and keep the U.S. at the top of the innovation heap.
Attract More Researchers/Scholars. This makes the U.S. an even more attractive destination for international scholars and researchers.

How About Institutions?

International offices at universities and research institutions should review the 2024 Skills List to advise students, researchers and scholars transitioning to other immigration statuses.

What’s Ahead for the J-1 Skills List?

The 2024 list is the first update in 15 years. The State Department plans to review the list every 3 years going forward to keep it current and aligned with U.S. foreign policy.

Two-Year Home-Country Physical Presence Waiver

If you are subject to the requirement but can’t fulfill it, you can apply for a waiver. Here are common scenarios:

1. Government Sponsorship

A U.S. government agency can request a waiver for you if your work is critical to a project.

2 Persecution

If returning to your home country would pose a significant risk to you, you may qualify for a waiver.

3. Hardship

You can apply for a waiver if returning to your home country would cause undue hardship to a U.S. citizen spouse or child.

4. No Objection Statement

Your home country can issue a letter stating it has no objection to you not fulfilling the 2 year requirement.

FAQS: 2024 J-1 Skills List & 212(e)

What is the 2-Year Home Residency Requirement?

This rule requires J-1 visa holders to be physically present in their home country for at least 2 years after completing their program before they can apply for certain U.S. immigration benefits.

Does this affect all J-1 Visa holders?

No. Only the Skills List. Government funding and medical training still trigger the requirement.

What should I do if I am impacted?

Check the updated Skills List to see if your country is on it.
Work with your employer or immigration attorney to figure out how this affects you.

Does this apply retroactively?

Yes. If your country is no longer on the Skills List, the rule no longer applies to you even if you were subject to it under the 2009 list.

Can I apply for a waiver if I’m still subject to the rule?

Yes, waivers are available for those subject to the 2-year rule due to funding or medical training. See Waiver Review Division.

What if my country is not on the Skills List?

You are exempt from the 2-year requirement based on the Skills List.
But funding from the U.S. government or graduate medical training may still trigger the requirement.

Can I work in the U.S. after my program?

If subject to the 2-year rule, you cannot:
Change to certain visa categories (e.g., H-1B, L-1).
Apply for permanent residency (Green Card).

General

What is the J-1 Exchange Visitor Skills List?

The Skills List is a document maintained by the U.S. Department of State that lists countries and fields of expertise deemed critical to those countries. If a J-1 visa holder’s country and skillset is on this list, they are subject to the 2-year home residency requirement under INA 212(e).

This is to ensure participants return to their home country to share their skills and contribute to national development.

What is the 2-year home residency requirement?

The 2-year home residency rule prohibits certain J-1 visa holders from:

Applying for certain visas (H-1B, L, K).
Adjusting their immigration status to permanent residency (Green Card) while in the U.S.
Changing to another nonimmigrant visa category in the U.S.

To get around this rule, affected individuals must either fulfill the 2-year stay in their home country or get a waiver.

Why is the 2024 Skills List update important?

The 2024 Skills List is a big change as 35 countries, including big ones like India, China and South Korea, were removed from the list. This means the home residency requirement no longer applies to those affected by the Skills List and applies retroactively to current and former J-1 visa holders.

Countries and Skills

Which countries were removed from the Skills List?

Albania

· Algeria

· Argentina

· Armenia

· Bangladesh

· Bolivia

· Brazil

· Chile

· China

· Colombia

· Costa Rica

· Dominican Republic

· Gabon

· Georgia

· Guyana

· India

· Indonesia

· Kazakhstan

· Laos

· Malaysia

· Mauritius

· Namibia

· Oman

· Paraguay

· Peru

· Romania

· Saudi Arabia

· South Africa

· South Korea

· Sri Lanka

· Thailand

· Trinidad and Tobago

· Turkey

· United Arab Emirates

· Uruguay

Which countries are still on the Skills List?

The updated list has 45 countries. Some countries still listed are:

Philippines.
Kenya.
Bangladesh.

Were the skills updated for countries still on the Skills List?

No. The 2024 Skills List does not revise the fields of expertise. For countries still listed, the skills are the same as those in the 2009 Skills List.

Where can I get the full list of countries and skills?

The full list is available through the U.S. Department of State or through institutional international offices. You may also consult with immigration attorneys for more information.

Retroactive

Does the 2024 Skills List apply retroactively?

Yes. The update applies to all J-1 visa holders, including those who were J-1 under the 2009 Skills List. If your country was removed from the list, you are no longer subject to the 2-year home residency requirement.

I’ve already fulfilled part of the 2-year requirement?

The retroactive nature of this update does not undo time already served. However, if you have time left to serve but your country was removed, you no longer have to serve the 2 years.

What about pending waiver applications?

If you applied for a waiver based on the Skills List and your country was removed, you no longer need to apply for a waiver. Contact the Waiver Review Division to confirm your eligibility.

Does this affect those who have already returned to their home country?

No. This update does not apply to those who have already served their 2-year requirement. But those who want to re-enter the U.S. may have more immigration options.

Eligibility and Immigration Options

How does this benefit J-1 visa holders from removed countries?

If your country was removed from the Skills List, you can:

Change Status: Switch from J-1 to another visa type (e.g. H-1B, L-1) in the U.S.
Apply for Permanent Residency: Get a Green Card without serving the 2-year requirement.
Apply for New Visas: Get work-related visas like H-1B or L without a waiver.

What if my country is still on the list?

If your country is still on the list, the 2-year home residency requirement still applies unless waived for other reasons.

Does this apply to J-2 dependents?

Yes. If the J-1 is no longer subject to the 2-year requirement, their J-2 dependents are also no longer subject to the requirement.

Waivers

What waiver options if I’m still subject to the 2-year requirement?

No Objection Statement: A statement from your home government saying they have no objection to waiving the requirement.
Exceptional Hardship: Showing significant hardship to a U.S. citizen spouse or child if you return to your home country.
Persecution: Showing you would be in danger if you return to your home country.
Government Request: If a U.S. government agency wants you to stay in the U.S.

Can I apply for a waiver now if my country is still on the list?

Yes. Waivers are still available for those whose countries are still listed or for those subject due to government funding or medical training.

Impact on Employers and Institutions

How does this benefit U.S. employers?

Employers get access to a bigger pool of international talent, especially in STEM, healthcare and education. This makes it easier to sponsor foreign workers for long-term visas or Green Cards.

Can employers sponsor J-1 visa holders for H-1B visas now without delays?

Yes. Employers can transition J-1 visa holders from removed countries to H-1B visas without the 2-year delay.

What should employers do with current J-1 employees?

Check the updated Skills List to see who is no longer subject to the 2-year requirement.
Consult with immigration experts to help transition eligible employees to permanent residency or other visa types.

Policy and Future Updates

Why was the list updated?

The State Department updated the list to reflect global economic and migration trends. It aims to:

Support countries with lower levels of development.
Address “brain drain” in countries with high outflow.
Focus resources on countries that need skilled workers the most.

Will the list be updated again?

Yes. The State Department will review the list every 3 years to keep it current and relevant.

Will future administrations change this?

Policy can always change. Visa holders and employers should act now to take advantage of the current rules.

Miscellaneous

Does this affect other J visa categories?

This only affects the Skills List and the 2-year requirement for J-1 visa holders. Other J visa program requirements remain the same.

How do I check my current status?

Consult with:

Your institution’s international office.
A qualified immigration attorney.
The U.S. Department of State’s Exchange Visitor Program website for official information.

What if I have more questions?

Check your country on the updated Skills List.
See if you’re subject to the 2-year requirement for other reasons.
Contact the Waiver Review Division or an immigration expert.

Need More Information or Help?

Contact an Immigration Expert

The 2024 Skills List is a game changer in U.S. immigration policy. Many J-1 visa holders are now free and new opportunities are opening up. For researchers, scientists and academic institutions, this is a big barrier remover.

If you are impacted or need help, consult an immigration attorney to discuss your options and U.S. immigration regulations.

If you have questions about the 2024 Skills List and your J-1 or need J-1 waiver help, contact an immigration attorney. Immigration Attorneys like those at the Herman Legal Group, serve:

Institutions.
Individuals.
Postdocs, researchers, scientists.