On December 9, 2024, the U.S. Department of State updated the Exchange Visitor Skills List, removing the two-year home residency requirement for J-1 visa holders from 34 countries, including Malaysia, China, India, South Korea, Saudi Arabia, and the UAE. This J-1 visa update will affect many individuals from these countries.

Exchanged Visitor Skills List

The Exchange Visitor Skills List identifies specialized fields that are essential for a country’s development. People who apply in these categories of professional fields receive J-1 Visas for a temporary stay in US. This allows them to research or train in that specific field. Previously, J-1 visa holders from countries on this list had to return home for at least two years after their U.S. program. Then they could apply for certain U.S. visas or permanent residency. The idea was that the visa holder would return to their country, applying their learned craft to their home industry.

The recent J-1 visa update change is based on data-driven criteria, including per capita GDP, country size, and migration trends. This suggests that these countries no longer require such expertise. This policy shift benefits U.S. employers by allowing them to retain global talent without interruption. Employers can now file a change of status petitions for J-1 visa holders to other work visas, such as H or L, and sponsor them for permanent residence. The change of status form is USCIS Form I-539. You should talk to an immigration lawyer about the strategy in your case for the change of status.

What else do I need to know?

It’s important to note that certain J-1 professionals may still be subject to the home residency requirement. This includes foreign medical graduates and those receiving government funding from the removed countries. The State Department plans to review the Skills List every three years and will publish updates as needed. This new policy shift is a significant J-1 visa update for foreign professionals.

For personalized advice on how this J-1 visa update may affect your situation, please consult with Shepelsky Law Group today!

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