For many J-1 Exchange Visitors, the future after their program in the US is unknown. For some, the prospect of returning to the US in the future is a tantalizing possibility. However, the Two-Year Home-Country Physical Presence Requirement can pose a significant obstacle.
On December 9, 20254, major updates went into effect on the Department of State’s skills list. These updates will make the J-1 Visa a much more attractive option for foreign professionals who are coming to the US to conduct research.
So far, US industry —which funds and performs about 90% of America’s experimental STEM R&D and just under 60% of America’s applied STEM R&D — has barely tapped the tremendous potential of the J-1 visa program.
According to Amy Nice, immigration counsel at the Institute for Progress and immigration scholar at Cornell Law, “So far, U.S. industry —which funds and performs about 90% of America’s experimental STEM R&D and just under 60% of America’s applied STEM R&D — has barely tapped the tremendous potential of the J-1 visa program. Instead, the J-1 category for researchers, which allows up to five years of authorized stay in the U.S. and no per-country limits, has been utilized almost exclusively by U.S. universities, hospitals, government, and major non-profit research institutions.”
Without the possibility of returning home for two years at the end of their program, many more scholars and research institutions will be interested in pursuing the J-1 Visa.
What is the Two-Year Home Country Physical Presence Requirement?
This requirement stipulates that individuals in J-1 status must return to their home country for at least two years before they can apply for U.S. permanent residency, change their status, or seek certain employment-based or family-based immigration benefits, such as the H, L, or K visas. J-1 visa holders (and their J-2 dependents) may be subject to the two-year home residency requirement if they meet any of the following criteria:
- They receive funding from the U.S. government, their home government, or an international organization for their J-1 program.
- They work or study in a field listed on the “Skills List,” which identifies areas of expertise needed in their home country.
- They participate in graduate medical training in the U.S. under the Educational Commission for Foreign Medical Graduates’ sponsorship.
What makes the December 2024 update different?
Since 2009, the skills list has not changed. The revised list builds on past updates, using data-driven criteria to ensure that countries with lower GDP or high rates of outbound migration are prioritized for assistance. By including countries facing developmental challenges, the list aims to direct skilled individuals to those who would benefit most from their expertise. The Department of State emphasizes the need for these adjustments to reflect the ever-changing global landscape, ensuring that the U.S. continues to support countries that require expertise in key sectors for growth.
What does that mean for current and future exchange visitors?
Notably, due to these updated criteria, Chinese and Indian citizens have been removed from the updated Skills List. Additionally, if you were previously subject based on the 2009 list and are no longer subject based on the 2024 list, then the Home Country Residency Requirement will no longer apply to you. That said, the opposite may also be true.
The Department of State announcement, including the updated skills list, can be found here.
Will there be future changes to the skills list?
The Department of State has committed to updating this list every three years. Should you have questions about this update, please feel free to contact your assigned Visa Specialist or the Business Development Team.
Additional Reading
- Department of State: Public Notice of Revised Exchange Visitor Skills List
- Read BAL’s announcement here.
- Forbes: Immigration Change May Keep More Scientists In The United States
- Institute for Progress: Using the J-1 Exchange Visitor Visa to Support U.S. Companies in the STEM Ecosystem