Effective: December 9, 2024
The U.S. Department of State has updated the Exchange Visitor Skill List, now referred to as the “2024 Skills List.” Consular officers will now use this new list immediately to determine whether the two-year home country physical presence requirement under Immigration and Nationality Act (INA) section 212(e) applies when issuing J-1 visas.
Key Changes:
- The U.S. Department of state has removed the two-year home residency requirement for individuals from 34 countries.
- J-1 visa holders from these affected countries include China, India, South Korea, Saudi Arabia, and the UAE.
- Foreign nationals who are no longer subject to the two-year residency requirement will now be able to:
- Change from J nonimmigrant status to any status from within the U.S.
- Obtain an H or L nonimmigrant visa; and/or
- Obtain U.S. permanent residence.
How Does This Benefit J-1 Visa Holders?
For J-1 visa holders from other countries now exempt from the two-year home residency requirement, the changes bring several advantages:
- More Immigration Options: You can pursue other pathways, like transitioning to an H-1B or applying for a green card, without needing a waiver.
- Increased Career Flexibility: This update allows you to explore new job opportunities, especially in high-demand fields like STEM, healthcare, and engineering.
- A Talent-Friendly System: These changes not only support individual growth but also promote a more inclusive and welcoming U.S. immigration system.