The 2024 Exchange Visitor Skills List Update

Exchange Visitor (J Visa Holder) Skills List

December 9, 2024 brought us an updated Exchange Visitor Skills List for the first time since 2009. The list, published by the U.S. Secretary of State, determines whether a J visa holder is subject to INA 212(e), or the two-year return home requirement. This document includes a numbered list of fields of work/skills and a list of countries. Each of the designated countries has a list of numbers that denotes what fields/skills that country needs. When choosing which countries and skills to designate, the Secretary of State considers each country’s economy and migration rates. They then determine whether or not the country needs certain skilled professionals in their workforce. To check if you’re subject to this requirement, take a look at the 2024 Exchange Visitor Skills List. If you see your country of last permanent residence is on the list and your field/skill is needed in that country, you are subject to INA 212(e).

INA 212(e): Foreign Residence Requirement

J visa holders subject to INA 212(e) must leave the USA after their program is complete and return to their home country for a period of 2 years. You cannot fulfill this by living in any country other than the one listed as the country of last permanent residence on your DS-2019 forms. Requesting a waiver of the requirement is an option, but the process can be time-consuming and some waivers are difficult to obtain.

How does this affect J visa holders currently in the United States?

Most notably, the Secretary of State removed China and India from the skills list. According to the Department of State website, any J visa holders admitted to the United States before December 9 whose country is not on the 2024 Skills List are not subject to the two-year return home requirement. Consequently, Chinese and Indian J visa holders previously subject to INA 212(e) are no longer required to leave the USA for two years. This also allows them to apply for and receive an H-1B visa or a Green Card, which you cannot do if you are subject to INA 212(e).

Important Note for Certain J Visa Holders

This update does not affect J-1 visa holders in the United States for graduate medical education. People in this category are unfortunately always subject to the return-home requirement, despite their country of last permanent residence. However, there are significantly more opportunities to apply for and receive a J-1 waiver as a physician. J visa holders in certain government-funded programs are also always subject to INA 212(e) regardless of their country and skills. Our J-1 Waivers page has more information for those subject to INA 212(e) and want to request a waiver.

If you’d like to discuss how the new skills list affects you, please reach out to mike@shermanimmigration.com for a consultation. Or, fill out our website’s convenient contact form.