J1 and J2 Visa Holders No Longer Required to Complete the Two-Year Home Residency in Certain Countries

Asım Kılınç, Immigration Attorney, CK Law Firm

One of the most significant challenges for J1 visa holders has been the two-year home residency requirement, which mandated participants in academic, research, or cultural exchange programs to return to their home country for two years before applying for permanent residence or other nonimmigrant visas in the U.S. This rule has often left individuals unable to accept job offers, pursue career opportunities, or apply for Green Cards. However, with the U.S. Department of State’s recently updated Exchange Visitor Skills List, effective December 9, 2024, many J1 and J2 visa holders are no longer subject to this requirement. This update marks a monumental shift, providing new opportunities for scholars, researchers, and professionals from impacted countries.

What Is the Exchange Visitor Skills List?

The Exchange Visitor Skills List, published by the U.S. Department of State, identifies specific fields and countries whose J1 visa holders are required to return to their home country for at least two years. The purpose of this policy is to prevent brain drain by ensuring that individuals contribute their acquired skills to the economic and social development of their home nations.

The list is updated periodically and takes into account factors such as a country’s economic conditions, human resource development needs, and per capita income levels. Historically, fields such as engineering, medicine, information technology, agriculture, and education have been the focus of this list.

The 2024 Update: A Major Shift

The newly revised Exchange Visitor Skills List brings significant changes, with many countries being removed from the list. Among the key updates:

1. Removal of Many Countries
   Countries such as Turkey, India, China, Brazil, and South Korea are no longer included in the list. This means their J1 and J2 visa holders are no longer subject to the two-year home residency requirement.
2. Updated Criteria for Inclusion
   Countries were reassessed based on updated economic metrics, such as per capita GDP, human capital development, and emigration rates. Nations with a per capita GDP above $7,500 are generally no longer included on the list.
3. No Changes to Eligible Fields
   The fields listed in the Exchange Visitor Skills List, such as medicine, engineering, and education, remain the same as in previous versions.

What This Means for J1 and J2 Visa Holders

This update provides significant benefits for J1 visa holders and their dependents (J2 visa holders) from the countries removed from the list.

1. No More Home Residency Requirement
   J1 and J2 visa holders from removed countries, such as Turkey, India, and Brazil, are now free to remain in the U.S. without returning to their home country for two years after completing their program.
2. Simplified Green Card and Visa Transitions
   Individuals can directly apply for permanent residency through categories such as EB2-NIW or EB1-A or transition to other visa types without being restricted by the two-year home residency requirement.
3. Increased Career Opportunities
   Scholars, researchers, and professionals can now accept U.S.-based job offers, pursue promotions, and build their careers without disruptions.

Countries Removed from the List

As of December 9, 2024, the two-year home residency requirement no longer applies to J1 and J2 visa holders from the following countries:

• Albania
• Algeria
• Argentina
• Bahrain
• Bangladesh
• Bolivia
• Brazil
• Chile
• China
• Congo (Kinshasa)
• 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 & Tobago
• Turkey
• United Arab Emirates
• Uruguay

Implications for Other Countries

For countries still included in the list, the two-year home residency requirement remains in effect. This means individuals from these nations must return home and fulfill the requirements before pursuing permanent residency or other visa options in the U.S.

Final Thoughts and Recommendations

Removing the two-year home residency requirement for J1 and J2 visa holders from certain countries is a game-changer for those seeking to advance their careers and lives in the U.S. However, those from countries still on the list should carefully evaluate their options.

Recommendations for J1 and J2 Visa Holders:

1. Check Your Eligibility: Determine whether your country is included in the updated list and whether the requirement applies to you.
2. Seek Advisory Opinions: If you are unsure, request an Advisory Opinion from the U.S. Department of State to clarify your case.
3. Consult Immigration Experts: Work with experienced immigration attorneys to navigate your visa or residency transition effectively.

For personalized guidance and expert support in managing your immigration journey, contact CK Law Firm. Our team is here to help you achieve your goals and take full advantage of the latest policy changes.