The U.S. Department of State (DOS) has announced an update to the J-1 Exchange Visitor Skills List, effective December 9, 2024. This revision significantly reduces the number of countries on the list, creating expanded opportunities for current or former J-1 exchange visitors to remain in or return to the United States.
The revised list now includes only 45 countries, down from 82 in the 2009 version. Of the 82 countries on the 2009 list, 37 have now been removed. Countries like China, India, Malaysia, Saudi Arabia, South Africa, South Korea, and the UAE have been removed. The updated Skills List applies retroactively, meaning J-1 exchange visitors who were previously subject to the two-year home residency requirement based on prior lists may no longer face this restriction if their country is not on the 2024 list.
“What if your country is not on this list? You are not subject to the two-year home-country physical presence requirement on the basis of the Skills List; however, you may nonetheless be subject to the requirement based on funding from the U.S. government or your home country government, or if you received graduate medical education or training in the United States,” the U.S. Department of State Bureau of Consular Affairs clarifies.
Foreign nationals who are no longer subject to the two-year home residency requirement can now change from J-1 status to another immigration status from within the United States, apply for H or L nonimmigrant visas, and pursue U.S. permanent residency. This change allows many individuals to bypass the previously required two-year stay in their home country or the need to seek a waiver.
If your field of knowledge/skill is not on your country’s list, the U.S. Department of State Bureau of Consular Affairs further clarifies, “You are not subject to the two-year home-country physical presence requirement based on the Skills List; however, you may still need to fulfill the two-year requirement if your program was government-funded or if you received graduate medical education or training in the United States.”
For instance, while Nepal remains on the updated J-1 Exchange Visitor Skills List, individuals from Nepal whose field of expertise does not appear on the specified skill list for their country will be eligible to change their immigration status within the United States, apply for H or L visas, and pursue U.S. permanent residency without the requirement to return to Nepal for two years.
Nepal has a specific exemption for the legal profession and studies, listed as number 22 on the list. This exemption encompasses law, legal research, judicature, and all branches and specialties in the practice of law.
Therefore, Nepali exchange visitors in the field of law, legal research, judicature, or any other specialty within the practice of law can transition to other immigration statuses, including H or L visas and permanent residency, without needing to fulfill the two-year home country residency requirement.
Furthermore, Nepali nationals who participate in exchange visitor programs as camp counselors are also exempt from the two-year home country residency requirement.
The J-1 Skills List determines whether exchange visitors must return to their home countries for two years after their program to share their specialized knowledge. This requirement is based on a visitor’s nationality and field of expertise. The 2024 update reflects factors such as economic development, country size, and migration trends, aligning with U.S. foreign development goals. However, the fields of expertise on the list remain unchanged from 2009.
J-1 visitors subject to the two-year home residency requirement due to government funding or participation as foreign medical graduates are unaffected by this update.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
