- Government funding can independently trigger the two-year requirement.
- Graduate medical education or training can remain a separate basis for the requirement.
Checked against the State Department
The State Department revised the J-1 Skills List on December 9, 2024, removing more than thirty countries from the list tied to the two-year foreign residence requirement. The change applies retroactively to current and former exchange visitors.
The State Department says the revision changed which countries appear, not the skills listed, and supersedes the April 30, 2009, Skills List. Brazil, China and India are among the countries removed.
The update does not erase every basis for the two-year requirement. Government funding or graduate medical training can still make a J-1 visitor subject to it.
People previously covered because of a country’s place on the old list may no longer be subject on that basis if their country was removed. Their other circumstances still count.
Visitors must match their J status, country and field against the revised list
The revised list applies to J exchange visitors admitted in J status, or who obtained that status, on or after December 9, 2024. Visitors whose J status began earlier and whose country is absent from the updated list are not subject on Skills List grounds, though another basis may still apply.
A visitor’s country is generally the country of citizenship or nationality shown on the DS-2019. Where applicable, use the country of permanent residence at the time of admission instead.
The country entry and the visitor’s field both matter. Check whether the field’s code appears under that country. If it does not, identify the broader subject group that includes the field. The department’s country-by-country Skills List provides the list to check.
Removal can end one basis for the requirement but not the others
The two-year obligation can apply when a visitor’s field appears on the list for the relevant country. It can also arise independently from government funding or participation in U.S. graduate medical education or training.
A person whose country was dropped may therefore stop being subject because of the Skills List while remaining subject on another ground. The revision did not change the requirements tied to funding or medical training.
J-1 visitors subject to the requirement generally must spend two years in their home country or country of last residence after completing their program before pursuing certain U.S. immigration benefits. These benefits include certain nonimmigrant visas and permanent residence. Losing the Skills List basis may allow a J-1 visitor to apply for those benefits without meeting that two-year condition, but it does not guarantee approval.
The distinction also applies to people whose J status began before the revision. If their country is absent from the updated list, the old list no longer makes them subject; another ground may still do so.
Check the list and other grounds before seeking an advisory opinion or waiver
- Compare the country and field on the
DS-2019with the revised list. Check the broader subject group if the precise field is not shown. - Review whether government funding or graduate medical education or training could independently trigger the requirement.
- If the answer remains unclear, request an advisory opinion. It can determine whether the requirement applies, but it is not a waiver.
- If another basis still applies, consider whether to seek a waiver. Applicants file
Form DS-3035with the department; USCIS makes the final decision.
A visitor should confirm the country-and-field match first, then address any remaining ground through an advisory opinion or waiver process.
