The US Department of State (DOS) has updated the exchange visitor skills list, eliminating the two-year home residency requirement for J-1 visa holders from 37 nations including India and China.
The update, announced on December 9 and effective immediately, is the first major revision to the Exchange Visitor Skills List in 15 years, making it easier for J-1 visa holders to remain in the US through other immigration routes.
Welcoming the news, NAFSA’s deputy executive director of public policy Jill Allen Murray said that the change would “make it easier for talented individuals to remain in the United States and contribute to key sectors such as technology, healthcare, and agriculture.”
“By addressing the two-year home residency requirement, this change strengthens the US’s ability to retain top international talent and enhances national competitiveness,” she told The PIE News.
According to an update from Fragomen law firm, employers and foreign nationals should identify those that are no longer subject to the home residency requirement and determine whether their plans to remain in or return to the US can benefit from the “significant change”.
The DOS’s Exchange and Visitor Skills List identifies countries and fields of expertise considered critical to a nation’s development. Traditionally, J-1 visa holders from these countries were required to return home for two years after competing programs in the US.
Countries recently removed from the list include Brazil, China, India, South Korea, Saudi Arabia and the UAE. Following the revision, the list now contains 45 countries compared to 82 on the 2009 list.
The updated skills list will be applied retroactively, meaning that those who were admitted to the US on a J-1 visa or obtained J status before December 9 and whose country is no longer on the 2024 Skills List will not be subject to the two-year home residency requirement.
Stakeholders have welcomed the list’s modernisation as a “vital step forward” and a “clear win” for individuals on exchange programs, said Allen Murray.
“The two-year home residency requirement can be disruptive to exchange visitors and their families when their lives and work no longer fit with the requirement,” she added.
This change strengthens the US’s ability to retain top international talent and enhances national competitiveness
Jill Allen Murray, NAFSA
Factors considered by the DOS in determining which countries are on the list include GDP per capita, country size and overall outbound migration rate.
“These criteria are meant to ensure countries with low levels of development as well as those countries with higher levels of development that have other extenuating circumstances that stymie the development of a skilled workforce will remain on the Skills List to support the development of that country,” according to the Federal Register.
The J-1 visa category is for individuals approved to participate in work and study-based exchange visitor programs in the US such as summer work programs, au pair opportunities, research scholarships and STEM initiatives, to name a few.
The update will give J-1 visa holders from the affected countries more flexibility, allowing them to pursue other immigration options in the US – such as applying for a skilled foreign worker visa or a green card – without requiring a waiver.
Notably, the change does not affect J-1 visa holders who are subject to the home residency requirement on bases other than the Skills List, such as those taking part in a government-funded exchange program such as Fulbright or a program to receive graduate medical training.
According to the notice, the DOS will “review the Skills List every three years and will publish updates as appropriate”.
While it is difficult to speculate on the actions of the next administration, Fragomen warned that the impact of the change could be limited if the incoming Trump administration takes steps to roll back the new Skills List revision.
And yet, NAFSA maintained that it was a “clear win”, adding that it remained “focused on advocating for further reforms to ensure that more individuals are able to remain in the United States and contribute their talents,” said Allen Murray.
