The State Department’s Immigration Change

The State Department’s Update of the J-1 Exchange Visitors Skills List

The U.S. Department of State has published a public notice updating the Exchange Visitors Skills List. The list is used to determine whether an individual who has been admitted into the United States as a ‘J’ nonimmigrant exchange visitor is subject to the two-year foreign residence requirement. The notice does not affect the two-year home residence requirement for foreign physicians who received graduate medical education in J-1 status or individuals whose J-1 program was financed by U.S. government and/or home government funding.

The Impact of the J-1 Change

Steve Plastrik, a senior associate at BAL, notes that the most significant aspects of the J-1 change are that individuals from China and India are no longer on the Skills List and subject to the two-year foreign residence requirement, and that the notice applies retroactively. Under the law, certain J exchange visitors must live two years in their home country after their exchange program ends or obtain a waiver to be eligible for change of status to H or L status, adjust status to become a lawful permanent resident, or receive an H, L, K, or immigrant visa.

Changes for J-1 Visa Holders

J-1 visas are unlike H-1B and L-1 visas, which involve employers filing with the government for a direct employer-employee relationship. For J-1s, an employer or ‘host’ would work with a program ‘sponsor’ organization designated by the State Department to get the foreign national’s DS-2019 issued, which the foreign national uses to obtain a J-1 visa.

Reactions From Employers And Immigration Attorneys

Immigration attorneys say that the State Department announcement has generated interest. “Since word came out on Friday, I am getting many inquiries from companies and universities about this really important development,” said Dan Berger of Green & Spiegel.

Conclusion

The State Department’s decision to update the J-1 Exchange Visitors Skills List may prevent many researchers from being pushed out of the United States due to immigration law. The policy change allows more J-1 researchers, trainees, and others, particularly from India and China, to work in the United States and not be forced to leave the country due to a foreign residence requirement.

FAQs

* What is the J-1 Exchange Visitors Skills List?
The J-1 Exchange Visitors Skills List is a list of countries designated by the Secretary of State as clearly requiring the services of persons engaged in certain fields of specialized knowledge or skills.
* How does the J-1 change affect researchers?
The J-1 change allows more researchers, trainees, and others, particularly from India and China, to work in the United States and not be forced to leave the country due to a foreign residence requirement.
* What is the significance of the notice being retroactive?
The notice being retroactive means that individuals who were previously subject to the two-year foreign residence requirement may now be eligible to apply for H-1B, L-1, or lawful permanent resident status without first satisfying the two-year home residence requirement or obtaining a waiver.