J-1 Exchange Visitor Skills List updated – Certain Countries Removed Retroactively

On Monday, December 9, 2024, the US Department of State published Public Notice 12555 in the Federal Register, updating the Exchange Visitor Skills List. The new Skills List becomes effective on December 9, 2024 and is retroactive.

J-1 and J-2 nonimmigrant exchange visitors who were subject to the Two-Year Home Country Physical Presence requirement (INA 212e) at the time of their admission to the US or acquisition of J status based on designations in a previously published Skills List, will no longer be subject to this requirement if their country of citizenship or legal permanent residence is not designated in this revised list, regardless of the notation on their US entry visa in the passport or Forms DS-2019.

Countries removed from the Skills List include the People’s Republic of China, India, Brazil, Turkey, and South Korea, among others. Please review the Public Notice to determine if your country has been removed or there are any updates to fields that may be subject (or no longer subject) to the Skills List from your country.

Background: Some participants in J-1 Exchange Visitor programs, and their J-2 dependents, become subject to the Two-Year Physical Presence Requirement, which has consequences following completion of their programs. There are multiple ways a person can become subject, including: funding from their home government, certain U.S. and international government agencies and organizations; participation in the Fulbright Program; medical residency programs; and working in a field/profession listed on the Exchange Visitor Skills List for their home country (country of citizenship or last legal permanent residence upon entry to the US or change of status to J-1/J-2). Individuals who are subject to the Two-year Home Country Physical Presence Requirement are obligated to return to their country of citizenship or last legal permanent residence for an aggregate period of two years upon completion of their J program, and are prohibited from changing immigration status within the United States, obtaining H, L or K status, or adjusting status to US permanent resident until the requirement is satisfied or waived.

This notice does not remove application of the Two-year Physical Presence requirement to J-1s and J-2s whose subjectivity is based on criteria other than the Skills List (such as funding source or type of exchange program).

Public Notice 12555 also states that the Department of State intends to review the Skills List every three years for possible, additional updates.

A J-1 J visa holder who has any questions about their individual situation, should contact their advisor at the International Scholars Office or International Students Office.