The US Department of State (DOS) has eliminated the two-year home residency requirement for J-1 visa holders from 37 countries, including China and India, in a major effort to draw and keep top foreign talent. This is the first significant modification to the Exchange Visitor Skills List in 15 years, and it takes effect immediately. Thousands of people, including professionals, researchers, and students, are expected to gain from the move as they can now explore alternative immigration possibilities in the US without needing a waiver. NAFSA’s deputy executive director of public policy, Jill Allen Murray, said the action will “make it easier for talented individuals to remain in the United States and contribute to key sectors such as technology, healthcare, and agriculture.”
The two-year home residency requirement will not apply to individuals whose nation is no longer on the 2024 Skills List and who were admitted to the US on a J-1 visa or who obtained J status before to December 9 since the amended skills list will be implemented retroactively.
Countries Removed from the List
The countries recently removed from the list include:
– Brazil
– China
– India
– South Korea
– Saudi Arabia
– UAE
Following the revision, the list now contains 45 countries compared to 82 on the 2009 list.
Impact on J-1 Visa Holders
The change will increase the flexibility of J-1 visa holders from the impacted nations, enabling them to apply for a skilled foreign worker visa or a green card, among other immigration choices in the United States, without needing a waiver. J-1 visa holders who are subject to the home residency requirement on grounds other than the Skills List, such as those participating in a government-funded exchange program, are unaffected by the change. Every three years, the DOS will evaluate the Skills List and release any necessary revisions. Although it is hard to predict what the next administration will do, Fragomen cautioned that if the Trump administration moves to reverse the new policy, the impact of the shift might be minimal.
To sum up, this upgrade represents a major progress in the US’s ability to draw in and keep top international talent. It gives holders of J-1 visas greater freedom to choose other immigration paths, which helps the US’s important industries flourish.
