J-1 Visa Holders: Does the Two-Year Home Residency Requirement Still Apply to You? Check Out the Updated Skills List

A new Department of State (DOS) rule means that J-1 visa holders from many countries are no longer required to return to their home country for two years after completing their program before they can apply for a U.S. green card or certain employment-based categories such as H-1B.

The DOS last month announced its first major update to the J-1 Exchange Visitors Skills List since 2009. The list identifies certain countries that have a clear need for individuals with specialized knowledge or skills.

Individuals from those countries who participate in J-1 programs in those fields were generally required to return to their home country for two years before applying for permanent residence or certain work visas in the U.S. Limited waivers of this requirement were available, but not all applicants qualified.

Countries Removed from the J-1 Skills List

Last month’s update removes the following countries from the Skills List:

• China
• India
• Albania
• Algeria
• Argentina
• Armenia
• Bahrain
• Bangladesh
• Bolivia
• Brazil
• Chile
• Colombia
• Congo
• Costa Rica
• Dominican Republic
• Gabon
• Georgia
• Guyana
• Indonesia
• Kazakhstan
• Laos
• Malaysia
• Mauritius
• Montenegro
• Namibia
• Oman
• Paraguay
• Peru
• Romania
• Saudi Arabia
• South Africa
• South Korea
• Sri Lanka
• Eswatini (Swaziland)
• Thailand
• Trinidad and Tobago
• Turkey
• United Arab Emirates
• Uruguay

Key Takeaways for Employers and Professionals

Greater Flexibility for J-1 Holders

Professionals who completed J-1 programs in fields on the skills list can now transition to other U.S. visa categories, such as the H-1B, or secure a green card without returning home for two years or needing a waiver—provided their home country was removed from the Skills List.

Retroactive Benefits

The change is retroactive, meaning that J-1 visa holders who were previously blocked from pursuing green cards or visas because their country appeared on the Skills List before the 2024 update may no longer be subject to the requirement.

Waiver Applications

Individuals with pending waiver applications whose country of nationality was removed from the list may no longer need a 212(e) waiver to proceed with adjustment of status or visa processing. DOS has been notifying applicants of the termination of the 212(e) waiver application under these circumstances.

Future Reviews

DOS intends to review the Skills List every three years and will publish updates as appropriate. The last revision was published on April 30, 2009.

What Does This Mean for Employers?

Reduced Waiver Requirements

Fewer J-1 visa holders will need the 212(e) waiver, making it simpler to shift them into employment-based categories if needed.

Expanded Talent Pool

Companies can more easily retain or sponsor J-1 participants who wish to remain in the United States, minimizing disruptions and reducing recruitment costs.