DOS Exchange Visitor Skills List Update in Federal Register

The Department of State published a revised Exchange Visitor Skills List effective December 9, 2024, (“2024 Skills List”) in the Federal Register.  Effective December 9, 2024, consular officers will use the 2024 Skills List to make preliminary determinations on the applicability of the two-year home country physical presence requirement under Immigration and Nationality Act (INA) section 212(e) when issuing J exchange visitor visas.

What are the Changes

An exchange visitor who was previously subject to the two-year home country physical presence requirement under INA section 212(e) due to a prior Skills List, but whose country is not present on the 2024 Skills List, is no longer subject to the two-year home country physical presence requirement based on the Skills List.  While the Skills List may no longer render an exchange visitor subject to the two-year requirement, they may nonetheless be subject to the two-year requirement based on funding from the U.S. government or their home country government or having received graduate medical education or training in the United States.

What to Expect

Pending Form DS-3035, J-1 Visa Waiver Recommendation Applications:  The Waiver Review Division in the Bureau of Consular Affairs’ Visa Office will continue to review and process Form DS-3035 applications.

• For applications submitted by an applicant whose country was on a prior Skills List but is not on the 2024 Skills List, DOS will determine whether the two-year home country physical presence requirement still applies to such applicant for another reason.
• If DOS determines that the requirement does not apply, the applicant will receive notification of the Department’s determination.
• Applications for individuals who remain subject to the requirement for reasons other than the Skills List will continue to be processed.