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The new revised 2009 J-1 Skills List, effective June 28, 2009, removes several countries (see below) from the J-1 Skills List. This may significantly impact some who have held J-1 visas.
Individuals who have held a J-1 Visa, and who are nationals of countries removed from the J-1 Skills List, are no longer subject to the J-1 Section 212(e) two year Home Residence Requirement (HRR). This is true even if they were subject based on the previous J-1 Skills List. But if their skill is not on the revised 2009 J-1 Skills List and their country remains, it still applies.
The J-1 Skills List contains fields of specialized knowledge and skills necessary to the J-1’s home country. A J-1 is subject to the two-year requirement if their field is on this list. This requires a return to their home country for two years at the end of their J-1 visa program. This requirement is based on Section 212(e) of the Immigration and Nationality Act, as amended.
The 2009 Skills List applies to those who received J-1 visas on or after June 28, 2009, and whose country is on the 2009 Skills List. The J-1 Skills List in effect at the time of J-1 receipt continues to govern those who entered prior to June 28, 2009. Those whose countries are no longer on the 2009 J-1 Skills List are not subject to the home residence requirement. This is so even if they entered the US prior to the effective date of the 2009 J-1 Skills List.
The applicable country is the J-1 Visa holder’s country of citizenship or nationality as shown in their passport. However, the following exception applies. If their nationality differs from their last country of legal permanent residence when they obtained a J-1, the J-1 Skills List from the country of last permanent residence at the time they obtained the J-1 applies.
When the J-1 visa holder’s field appears on their country’s J-1 Skills List, the two-year foreign residence requirement applies.
The US removed the following countries from the 2009 J-1 Skills List:
Afghanistan, Azerbaijan, Bahamas, Botswana, Burundi, Central African Republic, Chad, Cote d’Ivoire, Croatia, Czech Republic (removed 12/24/1997), Equatorial Guinea, Guinea, Guinea-Bissau, Hungary, Jordan, Kuwait, Lesotho, Macedonia, Madagascar, Malta, Morocco, Pakistan, Panama, Papua New Guinea, Poland, Qatar, Sierra Leone, Singapore, Somalia, Sudan, Tunisia, Uganda, Western Samoa and Zimbabwe.
The immediately previous J-1 Skills List was revised in 1997. Earlier J-1 Skills Lists include: 1984 J-1 Skills List and the 1972 J-1 Skills List.