7/22/2009

The U.S. Department of State (DOS) issued an important clarification for some foreign nationals who are subject to the J-1 two-year home residence requirement (HRR) based upon participation in programs included in the "skills list." Some of these individuals will no longer be subject to the HRR. This change is the result of the issuance of a new skills list, effective June 28, 2009. The New J1 Visa 2009 Skills List eliminated certain countries. Individuals who were subject to the HRR under the prior skills list are relieved of that requirement if their countries have been removed entirely from the new skills list.

The Exchange Visitor Skills List is a list of fields of specialized knowledge and skills that are deemed necessary for the development of an exchange visitor's home country. When you agree to participate in an Exchange Visitor Program, if your skill is on your country’s Skills List you are subject to the two-year foreign residence (home-country physical presence) requirement, which requires you to return to your home country for two years at the end of your exchange visitor program. This requirement under immigration law is based on Section 212(e) of the Immigration and Nationality Act, as amended.

If your country does not appear on this list, there is no requirement to return to your home country for two years at the end of your program, based on the Skills List.

How to use this list :

• The country you select is your country of citizenship or nationality as shown in your passport, with the below exception.

• If the country of your nationality differs from the country of your last legal permanent residence at the time you obtain your Exchange Visitor (J-1) visa status, the Skills List from the country of your last permanent residence at the time you obtain your J visa applies to you.

• When your field of knowledge or skill is displayed on your country's skills list, the two-year foreign residence requirement applies to you.

The 2009 Skill List applies to all Exchange Visitors starting June 28, 2009. Exchange Visitors who entered the U.S. prior to June 28 continue to be governed by the list that was in affect when they entered on the J-1 visa.