DOS Skills List : Need for J-1 Waivers Eliminated for Some
Posted Jul 17, 2009
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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 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.
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Background
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Some individuals who hold or have held J-1 exchange visitor status are subject to two-year HRRs. This requires such individuals to return to their home countries for two years at the completion of their J-1 stays. Such individuals cannot change status in the United States, obtain H1B or L-1 status, or become permanent residents until the two-year requirement has been met. There are provisions for requesting waivers of the HRR.
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Not all J-1s are subject to this requirement. One of the reasons an individual would be subject is due to the DOS skills list. This is a list of subject areas determined to be in limited supply in one's home country. If an individual participated in a J-1 program included on the skills list for his/her country, then HRR would apply.
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Skills List Recently Updated
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The DOS recently issued an updated skills list, available on the DOS WebSite. The skills list contains a master directory of subject areas, followed by the countries and the particular subject areas determined to be in short supply within each country. This update was much needed, as the skills list had not changed since 1997 (PDF 381KB). As mentioned, some countries have been completely eliminated from the skills list.
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Who is No Longer Subject to HRR?
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Individuals who were subject to the HRR according to the old skills list, are no longer subject IF their countries have been completely removed from the current list. The removed countries are:
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Afghanistan, Azerbaijan, Bahamas, Botswana, Burundi, Central African Republic, Chad, Cote d'Ivoire, Croatia, Equatorial 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.
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Individuals who became subject to the HRR under the old list remain subject to the HRR if their countries are still on the list. This is the case even if their particular subject areas, which were previously considered a shortage skill, have been removed from their respective country's list.
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No Change for Doctors and Government Funding
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This change does not impact those who are subject to the HRR due to the receipt of government funding. Similarly, it does not change the requirement for International Medical Graduates (IMGs) who obtained graduate medical education and/or training in J-1 status.
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Conclusion
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The revised skills list is helpful in facilitating the exchange visitor program. The clarification provided by the DOS will be a great relief to those countries who are removed from the list and whose nationals would otherwise have been subject to the HRR. However, it does not help those from countries where there were skill areas dropped from the list, if the country remains as having some needed skill areas.