On December 9, 2024, the U.S. Department of State (DOS) published a revised Exchange Visitor Skills List. The new list includes several large charges. The biggest change removes 34 countries, including Brazil, China and India, from being subject to the two-year home residence requirement.
What is the Skills List?
DOS created the Exchange Visitor Skills List based on fields and specialized knowledge that are necessary for a specific country’s development.
“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 foreign residence requirement under Section 212(e) of the Immigration and Nationality Act (INA), as amended” (Public Notice 12555, Federal Register).
What does this mean for me?
Many WashU J-1 EVs are from the countries that are no longer on the 2024 Skills List. If your country of origin is no longer on the 2024 Skills List, you may not be subject to 212(e) anymore. Note that you could still be subject based on criteria not involving the Skills List. Read our Two-Year Residence Requirement 212(e) page for information on other factors that may make you subject.
If you are no longer subject, you may now be able to change status while at WashU (or transferring to a new employer) without having to apply for and receive a 212(e) waiver.
For EVs who already applied for a waiver and are no longer subject, you will receive written communication from DOS stating that the waiver application will not be processed and you are no longer subject to 212(e).
If you are unsure if you are subject based on the new list, visit the FAQ section of the DOS Waiver of the Exchange Visitor Two-Year Home-Country Physical Presence Requirement webpage.
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Disclaimer Statement
The Office for International Students and Scholars (OISS) provides resources and content for general informational and educational purposes only. This information does not constitute legal advice. The information provided is subject to changes in the law. For specific legal questions or guidance, students and scholars are encouraged to seek personalized legal advice from a qualified attorney at their own discretion and expense.