On December 9, 2024, the U.S. Department of State updated the J-1 Exchange Visitor Skills List. This update may matter to some current and former J-1 exchange visitors because the list is one factor used to decide whether the two-year home-country physical presence requirement applies. Most importantly, people from countries removed from the list may no longer be subject to that requirement because of the Skills List.

This is a focused immigration update. It does not change every reason a J-1 visitor might be required to spend two years in their home country, and it does not change the skills assigned to countries that remain on the list.

What Is the J-1 Skills List?

The J-1 visa program allows people to come to the United States for approved exchange programs. In some situations, a J-1 visitor is subject to the two-year foreign residence requirement under Section 212(e) of the Immigration and Nationality Act.

In plain language, this requirement can mean that, after the J-1 program ends, the person must return to their home country for a total of two years before taking certain future immigration steps. The Skills List is one reason that requirement may apply. It identifies countries that need workers with particular specialized knowledge or skills.

The Department of State’s December 2024 notice revised the country list. The notice did not announce new skills or revise the skills used for countries that remain on the 2024 list.

Who May Benefit From This Change?

The update may help a J-1 visitor who entered the United States in J status or received J status before December 9, 2024, if their country is not included on the revised list. According to the notice, that person is no longer subject to the two-year requirement when the Skills List was the reason the requirement applied.

This point is important: the change is tied to the reason for the requirement. A person should not assume that removal of their country from the Skills List resolves every J-1 immigration question. The notice explains that other grounds may still apply.

For individuals, families, employers, and HR professionals, the practical takeaway is to identify why the two-year requirement was listed in the first place. The answer may affect a pending immigration plan, a future visa application, or an employment-related decision.

Countries Removed From the Revised List

The revised list removed a number of countries. The countries identified in the update are Albania, Algeria, Argentina, Armenia, Bahrain, Bangladesh, Bolivia, Brazil, Chile, China, Colombia, Congo, Costa Rica, the 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, Eswatini (Swaziland), Thailand, Trinidad and Tobago, Turkey, the United Arab Emirates, and Uruguay.

The removal of China and India is especially notable because many J-1 visitors, employers, and educational institutions may be affected. Still, country removal alone is not a complete answer for every person. The facts of each J-1 record matter.

What Did Not Change?

The Department of State did not update the skills in this announcement. For countries that remain on the 2024 Skills List, the applicable skills are the same as those used in the 2009 Skills List.

This means the announcement primarily changes which countries are covered by the Skills List. It does not create a new list of specialized fields. It also does not change the separate rules that can cause the two-year requirement to apply for other reasons.

Other Reasons the Two-Year Requirement May Apply

The Skills List is only one possible basis for the two-year foreign residence requirement. The Department of State notice explains that a J-1 visitor may still be subject to the requirement if the person received funding from the U.S. government or the government of their home country.

The requirement may also apply to someone who received graduate medical education or training in the United States. These situations are not changed by the December 2024 Skills List update.

As a result, a person whose country was removed from the list should carefully separate the Skills List issue from funding or medical-training issues. A past document, program record, or visa notation may need to be reviewed alongside the person’s specific program history.

Practical Steps to Take

If you believe this update may affect you, start by gathering the documents connected to your J-1 program. These may include your visa records, DS-2019 forms, and paperwork that explains whether the two-year requirement applied. Look for information showing the basis for the requirement.

Next, confirm whether your country appears on the revised list and whether the Skills List was the only reason the requirement applied. Do not rely only on the fact that your country was removed. If government funding or graduate medical education or training was involved, those facts may still matter.

For employers and HR teams, this update may be relevant when planning work authorization or immigration-related timelines for employees who previously held J-1 status. Early review can help identify questions before a pending or planned matter reaches an important deadline.

FAQ

Does this update remove the two-year requirement for everyone from a removed country?

No. The update affects people whose two-year requirement was based on the Skills List. Other grounds, including certain government funding or graduate medical education or training, may still result in the requirement.

Does the update apply only to people who received J-1 status after December 9, 2024?

No. The notice states that J-1 visitors admitted in J status or granted J status before December 9, 2024, may no longer be subject to the requirement if their country is not on the revised list and the Skills List was the basis for the requirement.

Were the specialized skills changed?

No. The Department of State did not revise the skills in this update. Countries that remain on the 2024 list use the same skills as the 2009 Skills List.

Why was the list updated?

The Department of State used a methodology that considered overall economic development, country size, and outbound migration rates.

What should I do if I have a pending or planned immigration matter?

Review how the two-year requirement applies to your individual situation before making decisions based on this update. If this change may affect a pending or planned immigration matter, contact Ventresca & Ventresca LLP for guidance on the information relevant to your circumstances.