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The U.S. State Department has published a Dec. 9 notice that removes China and India from the J-1 Exchange Visitor Skills List, meaning that fewer of such visitors will be subject to the two-year home residence requirement.
What Is a J-1 Exchange Visitor?
The J-1 (exchange visitor) visa is for persons who intend to participate in a program approved by the U.S. State Department for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.
The Department of State designates public and private entities to act as sponsors of foreign nationals participating in approved programs. These programs are designed to promote the interchange of persons, knowledge, and skills, in the fields of education, arts, and science.
In January 2022, DOS announced measures to increase the flow of talent in science, technology, engineering, and math (STEM) fields. The Early Career STEM Research Initiative connects certain J-1 program sponsors with STEM-relevant sponsors, including businesses.
Information on the education, experience, and skills required to qualify is available at the DOS website.
Examples of exchange visitors include, but are not limited to:
- Professors or scholars
- Research assistants
- Students
- Trainees
- Teachers
- Specialists
- Au pairs
- Camp counselors
What Is the Two-Year Home Residence Requirement?
Section 212(e) of the Immigration and Nationality Act provides that certain individuals who have been admitted to the United States as ‘‘J’’ nonimmigrant exchange visitors, or who acquired such status in the United States, are ineligible to apply for an immigrant visa, for permanent residence, or for certain nonimmigrant visas (H and L) until they have resided and been physically present in their country of nationality or last residence for an aggregate of at least two years following departure from the United States. More specifically, this two-year home residence requirement attaches to J
nonimmigrants who, among other criteria, are a national or resident of a country that the Secretary of State has designated as clearly requiring the services of persons engaged in the field of specialized knowledge or skill in which the individual was engaged.
What Is the Skills List?
The Skills List is a list of countries designated by the Secretary of State as clearly requiring the services of persons engaged in certain fields of specialized knowledge or skills. This list is used by the Department of State and the Department of Homeland Security to determine whether an individual who has been admitted into the United States as a “J” nonimmigrant exchange visitor, or who acquired such status, is subject to the two-year home residence requirement.
The Department has periodically updated the Skills List since the initial publication of the Skills List on April 25, 1972. New lists were published on February 10, 1978, June 12, 1984, January 16, 1997, and April 30, 2009.
What Is the Practical Impact of This Policy Change?
The Department did not update skills in this revision—for countries present on this revised Skills List, the skills listed remain the same as in the 2009 Skills List. But the country did remove certain countries from the new list, including China and India.
Also, J-1 exchange visitors and J-2 dependents who were subject to the two-year home residence requirement at the time of their admission or acquisition of J status based on designations in a previously published Skills List will no longer be subject to that requirement if their country is not designated in this revised list.
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