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Lokvani Team
12/13/2024

Path to Green Card just got easier! Indian students on J-1 visa can now stay back in US after studies!

The US Department of State has announced a significant change to the Exchange Visitor Skills List, effective December 9, 2024. This update removes the two-year home residency requirement for J-1 visa holders from 34 countries, including India, China, South Korea, Saudi Arabia, and the United Arab Emirates.

Previously, J-1 visa holders from designated countries were mandated to return to their home nations for two years after completing their programs in the United States. With this revision, only 27 countries will remain subject to this requirement. However, it is important to note that the new policy does not apply to J-1 holders who are funded by their governments or those participating in graduate medical education programs, which will continue to face restrictions.

This marks the first major update to the Exchange Visitor Skills List in 15 years and aims to enhance the retention of global talent in the United States. The list identifies countries and fields of expertise that are crucial for national development.

The revision reflects ongoing changes in global economic conditions and developmental trends. Countries removed from the list were evaluated based on various factors, including per capita GDP, country size, migration patterns, and advancements in economic development. For instance, India and China were removed due to their economic growth and educational advancements, while countries like the Philippines remain on the list due to specific ongoing needs.

For J-1 visa holders from the affected nations, this update opens up new pathways for US immigration, allowing them to pursue other options, such as H-1B visas or green cards, without the previous requirement to secure a waiver or return home first. This change is particularly significant for researchers, physicians, and trainees, as it eliminates a significant barrier to long-term opportunities in the US.

American employers stand to benefit from a larger pool of skilled professionals in STEM, healthcare, and engineering fields. Research institutions and universities will also be able to sponsor J-1 holders for non-cap H-1B visas, which can be applied for at any time and are not subject to the annual lottery.

The J-1 visa program is designed to promote cultural and educational exchange between the United States and other countries, allowing participants to gain valuable skills and experiences that they can share upon returning home. The program encompasses various categories, including research scholars, students, interns, trainees, physicians and au pairs.




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