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The Messersmith Law Firm, P.A. J-1 Waivers and INA §212(e)
Exchange Visitor Skills List

2009 vs. 2024 J-1 Skills List: Which One Controls?

The Department of State replaced the 2009 Skills List with a substantially revised list effective December 9, 2024. The transition rule can eliminate a prior Skills List obligation for people whose country is no longer designated.

Reviewed by Peter Messersmith · 2026-09-14

The 2024 list superseded the 2009 list

The Department of State published the revised Skills List effective December 9, 2024. The new list superseded the 2009 version.

New J admissions use the 2024 list

DOS states that exchange visitors admitted in J status or obtaining J status on or after December 9, 2024 are evaluated under the 2024 list.

The transition rule also helps some older J-1s

The change is not purely prospective. DOS states that a person previously subject because of an older Skills List is no longer subject on that basis if the applicable country is absent from the 2024 list.

Other grounds remain intact

The revised Skills List does not remove an independent obligation created by government funding or graduate medical education or training.

COMPARISON

2009 vs. 2024 Skills List: What Changed?

Issue Rule Practical effect
Which list is current? The 2024 Skills List became effective December 9, 2024 and superseded the 2009 list. Current Skills List analysis begins with the 2024 list rather than the superseded 2009 version.
J status obtained on or after December 9, 2024 DOS evaluates these exchange visitors under the 2024 Skills List. Use the applicable country and field under the revised list.
Older J program where the applicable country is absent from the 2024 list DOS states that a person previously subject because of an older Skills List is no longer subject on that basis if the applicable country is absent from the 2024 list. The 2024 transition rule can eliminate the prior Skills List basis even though the J program occurred before the new list.
Government funding or graduate medical education or training Those are separate grounds for INA §212(e). A favorable Skills List transition result does not remove an independent obligation created by another §212(e) ground.

Legal Authorities and Sources

  1. Department of State — 2024 Exchange Visitor Skills List, 89 Fed. Reg. 97693
  2. U.S. Department of State — Exchange Visitor Skills List
  3. U.S. Department of State — J-1 Waiver Eligibility

Frequently Asked Questions

Did the 2024 list replace the 2009 list?

Yes. DOS states that the 2024 list superseded the 2009 list.

Can someone admitted before December 9, 2024 benefit?

Yes. A prior Skills List obligation can cease on that basis when the applicable country is absent from the 2024 list.

Does the transition rule erase government funding 212(e)?

No. Government funding remains a separate ground.

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