A J1 visa, for “exchange visitors”, applies to a wide breadth of individuals, including but not limited to au pairs, medical doctors and work-travel. Certain classes of J1 nonimmigrants are subject to a “home residence requirement” as a term of their J1 status. After the conclusion of their stay in J1 status, affected applicants must reside in their “home country” for at least two years before they can change status in the US or apply for permanent residence. Some J1 nonimmigrants are bound to the home residence requirement as a function of the J1 basis alone. However, others are held to this requirement based on the category of J1 filing and the home country, as identified by the Department of State. This is done as the US Department of State has determined that certain countries would substantially benefit from the skills learned or honed by their citizens, during their time in the United States. On December 09, 2024, the Department of State revised the list of skills and affected countries, reducing the overall amount of J1 nonimmigrants held to the home residence requirement. Furthermore, this is a retroactive requirement, which allows some J1 nonimmigrants to return to the US that otherwise were previously held to the requirement. The previous version of the list, released in 2009, contained 82 countries, including India and China. However, the 2024 version of the list was amended to contain 45 countries, removing both India and China. For more details, please refer to the US Department of State “Exchange Visitor Skills List” Website.
Written by Ciara Melville.
