What Happens to a Pending J-1 Waiver After the 2024 Skills List Change?
DOS announced that it will continue processing pending DS-3035 cases and determine whether applicants from countries removed from the Skills List remain subject for another reason.
DOS did not simply cancel all pending cases
When the revised list was issued, DOS stated that the Waiver Review Division would continue reviewing and processing pending DS-3035 applications.
DOS checks whether another ground still applies
For applicants whose country appeared on an older list but is absent from the 2024 list, DOS determines whether the two-year requirement still applies for another reason.
Government funding and graduate medical education or training remain important independent grounds.
If no other ground applies
DOS states that when it determines the requirement no longer applies, the applicant will receive notification of that determination.
Do not assume the pending case proves continued subject status
A pending waiver application may have been filed based on an assumption that was correct before the 2024 revision. The present legal analysis should identify the actual remaining ground, if any.
Frequently Asked Questions
Will DOS still process my pending DS-3035?
Yes. DOS announced that pending applications would continue to be reviewed.
What if my country was removed from the Skills List?
DOS will determine whether another independent §212(e) ground still applies.
Can DOS notify me that I am no longer subject?
Yes. DOS states that applicants determined not to remain subject will receive notification.
Need Help With a J-1 Waiver?
The Messersmith Law Firm represents J-1 exchange visitors, physicians, researchers, professionals, and families in complex INA §212(e) matters.
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