212(e) Skills List Updated
- December 9th, 2024
- in Capstone International Services
On December 9, 2024, the U.S. Department of State published an updated Exchange Visitors Skills List in the Federal Register.
The updated 2024 Skills List replaces the prior 2009 Skills List.
In developing the new Skills List, the Department of State used modern, data-driven criteria to assess which countries remain subject to the home residency requirement. Factors used to determine inclusion or exclusion from the Exchange Visitors Skills List include:
- Per Capita GDP
- Country Size
- Migration Trends
This Skills List change impacts J-1 and J-2 visa holders who may be subject to the 212(e) Two-Year Home Residency Requirement.
The Exchange Visitor Skills List identifies countries and fields of expertise deemed essential for a country’s development. Nationals of these countries who hold J-1 visas have historically been required to return home for at least two years after completing their programs.
The main change from the 2009 Skills List to the 2024 Skills List is that 37 countries which were previously included in the 2009 Exchange Visitors Skills List have been removed as of December 9, 2024.
A cross comparison table for the 2009 and 2024 Skills List Countries can be accessed here. Please note that the table does not include the skills listed under each included country; reference the 2024 Skills List for specific skills included.
The list of countries which have been removed in the updated 2024 Exchange Visitors Skills list include:
- Albania
- Algeria
- Argentina
- Armenia
- Bahrain
- Bangladesh
- Bolivia
- Brazil
- Chile
- China
- Colombia
- Costa Rica
- Dominican Republic
- Gabon
- Georgia
- Guyana
- India
- Indonesia
- Kazakhstan
- Laos
- Malaysia
- Mauritius
- Montenegro
- Namibia
- Oman
- Paraguay
- Peru
- Romania
- Saudi Arabia
- South Africa
- South Korea
- Sri Lanka
- Thailand
- Trinidad and Tobago
- Turkey
- United Arab Emirates
- Uruguay
IMMEDIATE IMPACTS – WHAT DOES THIS MEAN?
J-1 and J-2 visa holders from the above list of removed countries will benefit significantly from this change:
- Starting December 9, 2024, the 212(e) two-year home residency requirement will no longer apply unless triggered by other factors, such as government funding or participation in medical training programs.
- Affected individuals will now be able to pursue other U.S. immigration options, such as H-1Bs or green cards, without the need for waivers.
The removal of the 212(e) requirement for those who were subject due to the prior EV Skills List has been removed retroactively.
Per the 12/09/2024 Revised Notice “Accordingly, J nonimmigrant exchange visitors who were subject to the two-year foreign 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.”
Please note, those in J-1 or J-2 status whose country has been removed from the 2024 Exchange Visitors Skills may still be subject to the 212(e) 2-year home residency requirement if your program was government-funded or if you received medical education or training.