An update to the exchange visitor visa, J-1, is now available. The U.S. Department of State announced the elimination of the two-year home residency requirement for J-1 visa holders from 34 countries. Included among those countries are India, China, South Korea, and the UAE, among others. The update is effective as of December 9, 2024. This is the first major update to the Exchange Visitor skill list in 15 years and is meant to retain top foreign talent in the United States.
The Exchange Visitor Skills List specifies the countries and fields of expertise that are considered critical. Historically, J-1 visa holders were required to return to their home country two years after program completion. While 34 countries are now excluded from this requirement, an additional 27 countries continue to be subject to the two-year rule.
In some instances, the J-1 Exchange Visitor visa holder may still be subject to the two-year requirement. Based on funding, either from their home country or the U.S. government, or if the individual received graduate medical education or training in the U.S., the individual may still be required to return to their home country.
In general, the list is updated to remove countries that have evolved in development. To be removed, the developments include items such as higher per capita Gross Domestic Product (GDP), larger and growing countries, and advancements in economic development, among other criteria. Individuals with a J-1 visa from a waived country have the option to pursue other U.S. immigration options, including an H-1B visa or legal permanent resident (green card) status, without a waiver requirement.
If you have questions about the J-1 Exchange Visitor visa or any other U.S. immigration related issue, contact us at ILBSG. Our clients work directly with attorneys to ensure they get the right advice for their particular situations. Book a consultation with us today.
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