What Should You Do If You Are Subject Only Because of the Skills List?
When the Skills List is the only possible reason a person is subject to INA §212(e), the first step is to determine whether the current 2024 Skills List still creates the obligation. A person whose country or field no longer triggers the Skills List may no longer need a waiver at all, but government funding and graduate medical training must still be checked separately.
Use the 2024 Skills List before assuming a waiver is needed
The current Skills List became effective December 9, 2024. DOS states that an exchange visitor whose country is not on the 2024 Skills List is not subject to §212(e) on the basis of the Skills List.
The same principle applies when the relevant specialized field is not included for the applicable country.
The 2024 change can affect older J-1 programs
DOS states that a person admitted in J status or obtaining J status before December 9, 2024 whose country is not on the 2024 Skills List is no longer subject on the Skills List basis.
This is particularly important for applicants who were previously marked subject under an older Skills List.
Removing the Skills List trigger does not remove other triggers
A person can still be subject because the exchange program was funded by the U.S. government or the home-country government, or because the person received graduate medical education or training.
The entire program history must therefore be reviewed before concluding that §212(e) no longer applies.
A pending waiver may become unnecessary
DOS announced that it would continue reviewing pending DS-3035 applications after the 2024 Skills List change. When the applicant is no longer subject on the Skills List basis, DOS can determine whether another reason for §212(e) remains.
If no other statutory trigger applies, the central issue becomes subject status rather than which waiver basis to pursue.
Use an Advisory Opinion when the record is unclear
An Advisory Opinion is useful when the DS-2019 annotation, older Skills List, country of permanent residence, field classification, or funding history creates uncertainty.
DOS describes the Advisory Opinion as the official process for determining whether the two-year requirement applies.
If the Skills List still applies, evaluate the available waiver bases
A person who remains subject only because of the Skills List may evaluate the five waiver bases according to the facts. No Objection may be available in an appropriate nonphysician case, but the home government must still issue the required statement and DOS must still recommend the waiver.
The fact that the Skills List is the only trigger does not itself guarantee any particular waiver outcome.
Frequently Asked Questions
Does the 2024 Skills List affect older J-1 programs?
Yes. DOS states that certain people subject under an older Skills List are no longer subject on that basis if their country is not on the 2024 list.
If my country is not on the 2024 list, am I automatically free of INA §212(e)?
No. Government funding or graduate medical education may independently create the requirement.
What if I am unsure which Skills List applies?
A DOS Advisory Opinion can provide an official subject-status determination.
Does removal from the Skills List automatically approve a pending waiver?
No. DOS may instead determine that the person is no longer subject or may find that another statutory trigger still applies.
Need Help With a J-1 Waiver?
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