State Department’s updated Skills List: A step toward modernizing U.S. immigration policy

by Ricky Rillera

| PDM File Photo

NEW YORK—On December 9, 2024, the U.S. Department of State announced an update on the modernization of the Exchange Visitor Skills List to support American employers and retain top U.S.-trained talent, ensuring lasting prosperity and innovation in the U.S. The update is significant as it marks the first revision to the Skills List since 2009.

The updated list includes fields of specialized knowledge and skills deemed necessary for developing certain foreign countries. Many exchange visitors, including research scholars and other highly skilled workers, will no longer be required to fulfill a two-year home-country physical presence requirement upon completing their program.

The modernized Skills List aims to streamline the visa process for these exchange visitors, allowing them to continue contributing their talents to U.S. businesses and innovation in key sectors such as technology, healthcare, and agriculture.

The Exchange Visitor Skills List identifies countries and fields of expertise considered critical to a nation’s development. Historically, J-1 visa holders from these countries must return home for two years after completing their programs. The revised list removes this requirement for 34 nations, leaving 27 countries subject to the rule.

Some notable removed countries include China, India, South Korea, Saudi Arabia, and the UAE. It means that J-1 visa holders from these countries will no longer be subject to the two-year home-country physical presence requirement upon completing their programs.

The State Department removed countries from the Exchange Visitor Skills List based on several categories. The main categories and reasons for the removal include:

  • Countries with higher per capita GDP were removed because they are considered to have less critical skills needs.
  • Larger countries with more significant resources to develop their own talent were also removed.
  • Countries experiencing significant outbound migration were included, but those with lower migration rates were removed.
  • Nations showing significant technological advancements, education, and healthcare were removed as they no longer align with the criteria for critical skills needs.

These changes reflect a modern, data-driven approach to assessing which countries require the services of persons engaged in specific fields of specialized knowledge or skills.

For example, countries like China and India have been removed due to their economic and educational advancements. However, despite economic progress, nations like the Philippines remain on the list because of ongoing needs in specific fields.

J-1 visa holders from the affected countries will now have more flexibility. Without requiring a waiver, these individuals can pursue other U.S. immigration options, such as the H-1B visa or a green card.

Employers will benefit from access to a larger pool of talented foreign workers in fields like STEM, healthcare, and engineering. The updated policy removes barriers for highly skilled workers seeking long-term opportunities in the U.S., helping companies remain competitive and fostering innovation.

The State Department said in a statement that facilitating legitimate travel to the United States while protecting U.S. borders and national security remains its top priority.

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