37 Countries Removed from the J-1 Skills List — Does This End Your Two-Year Rule?

In December 2024, the U.S. Department of State quietly updated the Exchange Visitor Skills List — the document that determines whether J-1 visa holders from certain countries must return home for two years before changing to most other U.S. immigration statuses. The update removed 37 countries, including China, India, Brazil, South Korea, Saudi Arabia, and the UAE. And critically: the removal is retroactive.

If you are from one of those countries and have been living under the shadow of the two-year home residency requirement, this change may have fundamentally altered your immigration options.

What Is the Two-Year Home Residency Requirement?

Under INA § 212(e), certain J-1 exchange visitors must return to their home country for two consecutive years before they can:

• Change to H or L nonimmigrant status
• Receive an immigrant visa (green card)
• Adjust status in the United States

Three circumstances trigger this requirement:

1. Government funding: If the J-1 program was financed in whole or in part by the U.S. government or the home country's government
2. Skills List: If the J-1 holder's nationality is on the DOS Exchange Visitor Skills List and the field of study/training is listed for that country
3. Graduate medical education: If the J-1 holder received clinical medical training in the United States

What Changed: The December 2024 Skills List Update

The State Department revised the Skills List on December 6, 2024, cutting it from 81 countries to 44. Among the major countries removed:

• China
• India
• Brazil
• South Korea
• Turkey
• Saudi Arabia
• United Arab Emirates
• Colombia
• Thailand
• Pakistan
• Egypt
• Kenya
• Nigeria
• Argentina
• Peru

And more than 20 others. The official updated list is published at the State Department's Exchange Visitor Program website.

The retroactive effect: J-1 holders from removed countries who were previously subject to the two-year rule solely because their country appeared on the Skills List — and who had not already obtained a waiver of the requirement — are no longer subject to it.

How Do You Know If You Were Subject to the Requirement?

The most reliable indicator is your DS-2019 form (Certificate of Eligibility for Exchange Visitor Status). Look at the checkbox in the lower left portion of the form. If it is checked indicating you are subject to the two-year rule, that was the determination at the time of your program.

However, simply being checked as subject does not mean you still are. If your country was removed from the Skills List, and you were only subject due to the Skills List (not government funding or medical training), you are now free of the requirement — but you may need to obtain a J-1 Waiver Recommendation from DOS (or have USCIS confirm the change in your case) to make that fact clear to a future adjudicator.

The Exceptions That Still Apply

Even if your country was removed from the Skills List, the two-year rule still applies if:

Government Funding

If your J-1 program was funded, in whole or in part, by:

• The U.S. government (e.g., Fulbright, USAID-sponsored programs)
• Your home country's government (e.g., a government scholarship or grant)

Funding triggers the requirement regardless of the Skills List. Many participants are unaware that a government scholarship in their home country that partially supported their studies triggers the requirement.

Foreign Medical Graduates

If you received graduate medical education or training in the United States on a J-1 visa — even if your country has been removed from the Skills List — the two-year rule still applies. A waiver (typically through an IGA waiver from a state health agency) is required before you can obtain an H-1B, O-1, or green card.

What Should You Do Now?

Step 1: Determine why you were subject to the requirement. Review your DS-2019, your sponsoring organization's records, and any government scholarship documentation. If you were subject solely because of the Skills List and your country was removed, the requirement may no longer apply.

Step 2: Consult an immigration attorney before assuming you are free. Even if the requirement technically no longer applies to you, some consular officers and USCIS officers may still flag your DS-2019 noting you were subject. A legal opinion letter or confirmed J-1 statement from DOS can prevent problems down the road.

Step 3: Consider your next steps. If you are free from the two-year requirement, you may now be able to:

• Change nonimmigrant status to H-1B, O-1, TN, or another category
• Apply for a green card through family sponsorship or employment
• Adjust status inside the United States without first departing

Step 4: If government funding applied, explore waivers. Even with government funding, waivers are available. The most common for scientists and researchers is the IGA (Interested Government Agency) waiver through federal agencies like NIH, USDA, or the State Department. No Objection waivers from your home country government are also possible if your country consents.

The Impact: Why This Matters for China and India

For Chinese and Indian J-1 holders specifically, removal from the Skills List is transformative. These two countries represent the largest share of J-1 participants — particularly in STEM research, academic programs, and medical training categories. Previously, a Chinese PhD student who received even partial government scholarship support faced a two-year departure requirement before accessing H-1B or a green card. With the country itself removed from the Skills List, the scholarship-based analysis becomes the only relevant trigger.

Thousands of Chinese and Indian J-1 alumni currently in the U.S. on other visas (H-1B, F-1 OPT, etc.) may now discover they can pursue paths they believed were closed.

---

This post provides general information and is not legal advice. Laws can change and your facts matter. To get advice for your situation, schedule a consultation with an attorney.

Schedule a consultation