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US Department of State updates Exchange Visitor Skills List
On 9 December 2024, the Department of State (DOS) announced publication of an updated Exchange Visitors Skills List (Skills List), the first such update since 2009. The Skills List is used by DOS and the Department of Homeland Security (DHS) to determine whether a foreign national who has been admitted into the United States as a “J” non-immigrant exchange visitor, or who acquired “J” status subsequent to admission, is subject to the two-year foreign residence requirement under Section 212(e) of the Immigration and Nationality Act (INA). The announced update relates exclusively to which countries are included on the Skills List. DOS is not updating the lists of covered skills in this revision; for countries present on this revised Skills List, the skills remain the same as in the 2009 Skills List.
A Tax Alert prepared by EY Law LLP group, and attached below, provides additional details.