The Department of State published a revised Exchange Visitor Skills List, effective December 9, 2024, (“2024 Skills List”) in the Federal Register.
Please note that this update also applies retroactively. A J-1 exchange visitor (and their J-2 dependents) who was previously subject based on a previous edition of the Skills List, but whose country does not appear on the 2024 Skills List, is no longer subject to the two-year home country physical presence requirement. The 2024 Skills List removed 37 countries from the list.
While the Skills List may no longer render an exchange visitor subject to the two-year home country physical presence requirement, this change does not affect J-1 exchange visitors who may be subject to the two-year home country physical presence requirement based on receipt of funding from the U.S. government (e.g., Fulbright) or their home country government, or having received graduate medical education or training (e.g., ECFMG) in the United States.
- The 2024 Skills List applies to J exchange visitors who are admitted in J status, or who obtained J status, on or after December 9, 2024. If you were admitted to the United States in J status or obtain J status on or after December 9, 2024, and your country is on the 2024 Skills List, you are subject to the two-year home country physical presence requirement based on the Skills List.
- If you were admitted to the United States in J status or obtained J status before December 9, 2024, and your country is no longer on the 2024 Skills List, you are not subject to the two-year home country physical presence requirement based on the Skills List.
- Pending Waiver Applications: For applications submitted by an applicant whose country was on a prior Skills List but is not on the 2024 Skills List, the State Department will determine whether the two-year home country physical presence requirement still applies to such applicant for another reason. If the requirement does not apply, the applicant will receive notification of the Department’s determination.
OISS will continue to share updates as they are made available. Please note that the government agencies may take additional time to provide further guidance and fully implement new regulations. If you are subject to the requirement based on the 2009 Skills List but the subjectivity is removed by the new Skills List, and you are required to obtain H-1B status to continue working at Yale or pursuing legal permanent residency, your OISS adviser will need to review your J-1 documents and provide further instructions accordingly, including additional documentation when submitting petitions on your behalf. Please reach out to your designated OISS Adviser if you have any questions.
