The U.S. Department of State (DOS) published a revised J-Exchange Visitor Skills List (“Skills List” or “2024 Skills List”) effective December 9, 2024. The revised list removes 37 countries from the Skills list and does not add any additional countries to the list.
What is the Skills List?
The U.S. Department of State (DOS) requires J-exchange visitors (EVs) in specialized fields from certain countries to return home for two years after their program ends. These specialized fields are listed in the Skills List. If an EV’s country and field are on the Skills List, the EV must return to their country of citizenship or last permanent residence for an aggregate of two years before becoming eligible for certain immigration benefits. The revised Skills List is just one reason that an EV may be subject to the two-year foreign residence requirement, also known as the “212e” or “home country residence requirement”.
Which Countries have been removed from the revised Skills List?
Albania, Algeria, Argentina, Armenia, Bahrain, Bangladesh, Bolivia, Brazil, Chile, China, Colombia, Costa Rica, 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, Thailand, Trinidad and Tobago, Turkey, United Arab Emirates, and Uruguay. The countries that remain subject to the two-year foreign residence requirement based on the revised Skills List are listed on the DOS website.
Immediate Impact on J Exchange Visitors (EVs)
The revised Skills List is retroactive. EVs who entered in J status or previously acquired J status who were subject to the two-year foreign residence requirement based solely on the 2009 Skills List will no longer be subject to that requirement if their country is not designated in the revised 2024 Skills List. IMPORTANT: An EV remains subject to the two-year foreign residence requirement regardless of changes to the Skills List if either of the following are true:
- EV has received funding from home government or U.S. government (such as Fulbright)
- EV has received U.S. graduate medical education or training
Common Questions
1. Am I Still Subject to the Two-Year Home Residence Requirement? Please follow these steps:
- Review ISSO’s Two Year Home Residence Requirement webpage
- If you are subject to the requirement for reasons other than the 2009 Skills List, such as due to government funding, you are still subject.
- If you are subject to the requirement based solely on the 2009 Skills List, follow DOS’ step-by-step guidance to determine whether you are still subject based on the revised 2024 Skills List. If you are still subject, you will need to apply for a waiver in order to be eligible for a change of status within the US and before being eligible for H-1B, L, K, and PR statuses. **If you have applied for an Advisory Opinion or a 212e Waiver, see #3 below: "Can ISSO file my H-1B petition now that the revised skills list was published?"
2. Can ISSO conduct an initial assessment to determine if I am subject to the two-year foreign residence requirement?
Consistent with current policy, ISSO advisers are unable to determine whether EVs are subject to the two-year home residency requirement. Only DOS has the authority to formally determine if an EV is subject to the foreign residence requirement.
3. Can ISSO file my H-1B petition now that the revised Skills List was published?
- If you have applied for an Advisory Opinion (DOS) or a waiver of the foreign residence requirement (USCIS) but haven’t received a formal response, ISSO is not able to submit your H-1B petition. Once you've initiated the application process, ISSO cannot submit an H-1B petition without a favorable Advisory Opinion (DOS) or an I-612 Waiver Approval (USCIS).
- If you have not applied for an Advisory Opinion (DOS) nor a waiver of the foreign residence requirement (USCIS), and if the 2009 Skills List was the sole reason for being subject to the two-year foreign residence requirement and you have self-assessed that you are no longer subject based on the 2024 Skills List, ISSO can submit your H-1B petition after we have received the visa request from HR and collected required legal documents.
4. Why does the two-year foreign residence requirement exist?
The Fulbright-Hays Act established the framework for the J-exchange visitor program. The program aims to improve international relations by promoting mutual understanding through educational and cultural exchanges. The two-year foreign residence requirement applies after an EV completes their program and encourages global exchange while helping countries retain skilled professionals who participate in the J-program.
Case Studies
The following are a few scenarios to help understand how these changes could affect an EV:
Scenario 1: Naryan Reddy entered the U.S. on September 1, 2024 and was initially subject to the 212e based on the 2009 Skills List. Mr. Reddy is an Indian citizen, is not receiving US or home government funds and was never a medical trainee. Is Mr. Reddy still subject to 212e?
Answer: No, Mr. Reddy is no longer subject to the 212(e) based on the 2009 skills list, as India is not a country included in the revised 2024 Skills List, and he is not subject to the 212e based on other reasons.
Scenario 2: Lili Yang entered the U.S. on August 15, 2023. She is a Chinese citizen and is receiving funding from the China Scholarship Council (CSC). Ms. Yang was subject to the 212e based on the 2009 Skills List. Is Ms. Yang still subject to 212e?
Answer: Yes, Ms. Yang is still subject even though China is no longer on the Skills List, as she received government funding from the China Scholarship Council.
Scenario 3: Aera Kwon is a South Korean citizen who just finished medical training in the U.S. Ms. Kwon was previously subject to the 212e as a South Korean citizen. Is Ms. Kwon still subject?
Answer: Yes, Ms. Kwon is still subject to the 212e requirement because of her medical training in the U.S. If she did not have medical training, and was only subject due to the 2009 skills list, then she would not be subject to this requirement.
Resources
ISSO
- Two-Year Home Country Residence Requirement
- Understanding the Two-Year Home Residency Rule recording - UCSF credentials required to access