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

The 2024 J-1 Exchange Visitor Skills List

The Department of State issued a revised Exchange Visitor Skills List effective December 9, 2024. The revision removed many countries and can change whether a current or former J-1 remains subject to INA §212(e) on the Skills List basis.

Reviewed by Peter Messersmith · 2026-09-15

The revised list became applicable December 9, 2024

The Department of State published a revised Exchange Visitor Skills List in the Federal Register with an applicability date of December 9, 2024. The revised list superseded the 2009 Skills List.

The Skills List identifies countries that DOS has designated as clearly requiring the services of persons engaged in specified fields of specialized knowledge or skill.

The revision affects some people who were already subject

The most important transition rule is not limited to new J-1 entrants. DOS expressly announced that exchange visitors who were subject at the time of admission or acquisition of J status based on an earlier Skills List are no longer subject on that basis if their country is not designated in the revised list.

This can eliminate the need for a waiver in a case where the Skills List was the only reason §212(e) applied.

The 2024 change does not erase other §212(e) grounds

The revised Skills List affects only the Skills List basis. DOS repeatedly cautions that a person may still be subject because of qualifying government funding or graduate medical education or training.

A complete review must therefore identify why the person was subject before concluding that the 2024 revision eliminated the obligation.

How to use the current Skills List

DOS instructs exchange visitors first to determine which country's list applies, then determine whether the relevant field of specialized knowledge or skill appears on that country's list.

If a field is not individually named, DOS instructs users to consider whether it falls within a broader general subject group on the Master Skills List.

When an Advisory Opinion is appropriate

The Federal Register notice states that exchange visitors seeking a definitive DOS determination may request an Advisory Opinion from the Waiver Review Division.

An Advisory Opinion is particularly useful when an older DS-2019 or visa still says subject, the country was removed in 2024, or the applicable field or country of permanent residence is uncertain.

Legal Authorities and Sources

  1. U.S. Department of State — Exchange Visitor Skills List
  2. Department of State — 2024 Exchange Visitor Skills List, 89 Fed. Reg. 97693
  3. U.S. Department of State — Advisory Opinions
  4. 22 C.F.R. § 41.62 — Exchange Visitors

Frequently Asked Questions

When did the 2024 Skills List take effect?

It became applicable on December 9, 2024.

Can the new list help someone who entered in J status before December 9, 2024?

Yes. DOS states that a person previously subject based on an earlier Skills List is no longer subject on that basis if the relevant country is absent from the 2024 list.

Does the 2024 list remove 212(e) based on government funding?

No. Government funding and graduate medical training remain independent grounds.

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