United States Department of State has released its Exchange Visitor Skills List by Country, placing Nigeria among 44 countries whose nationals may be subject to a two-year home-country physical presence requirement after completing certain exchange visitor programmes.
The requirement applies under Section 212(e) of the Immigration and Nationality Act and affects exchange visitors whose country of nationality or residence and field of specialised knowledge or skills are both included on the relevant Skills List.
The 44 countries span Africa, Asia, the Caribbean, Latin America and the Pacific, with African countries accounting for the largest group. They include Nigeria, Ghana, Kenya, Ethiopia, Liberia, Senegal, Tanzania, Zambia, Cameroon and the Democratic Republic of the Congo, among others.
Under the rule, affected exchange visitors must spend a cumulative total of at least two years physically present in their home country before becoming eligible for certain US immigration benefits.
These restrictions can include changing status in the United States to certain temporary worker categories, adjusting status to lawful permanent resident, receiving an immigrant visa, or obtaining certain H, L or K visas.
However, the designation does not automatically mean that every exchange visitor from one of the 44 countries is subject to the two-year requirement.
The State Department says an individual’s country must first appear on the Skills List, after which the person’s specific field of specialised knowledge or skill must also be listed for that country.
If the field is not included, the Skills List alone does not trigger the two-year requirement.
The department also notes that exchange visitors may become subject to the two-year requirement for other reasons, including participation in a government-funded programme or receiving graduate medical education or training in the United States.
The countries currently listed are Belize, Benin, Burkina Faso, Burma (Myanmar), Cabo Verde, Cambodia, Cameroon, the Democratic Republic of the Congo, Djibouti, Ecuador, El Salvador, Eritrea, Ethiopia, Fiji, The Gambia, Ghana, Guatemala, Haiti, Honduras, Jamaica, Kenya, Kosovo, Lebanon, Liberia, Malawi, Mali, Mauritania, Mozambique, Nepal, Nicaragua, Niger, Nigeria, Palestinian Authority (West Bank and Gaza), the Philippines, Rwanda, Senegal, Tajikistan, Tanzania, Timor-Leste, Togo, Tonga, Venezuela, Yemen and Zambia.
The State Department’s current Skills List is based on the revised list that took effect on Dec. 9, 2024. The department advises exchange visitors to check the list for their specific country and field to determine whether the Skills List applies to them.
Eligible individuals may also pursue a waiver of the two-year home-country physical presence requirement through the applicable US process.
