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IMMIGRATION DECEMBER 27, 2024 | The Indian Eye 36

As “Brain Gain” Replaces “Brain Drain”

State Department Removes Many Countries

Including China and India from the Two-Year

Home Country Requirement

BY CYRUS D. MEHTA & AMP; need to return to their coun- were removed from the list. Program, as described in 22 research scholar, professor,
tries for two years after their Since the Skills List was C.F.R. § 62.20(b), aims to scientist, or with similar ex-
JESSICA PASZKO*
studies in the United States if first issued in the 1970s, the foster the exchange of ideas pertise, along with the ability
their country is not on the re- fields designated for the between Americans and for- to showcase academic cre-
he Department of vised list. DOS is not updat- home residency rule have eign nationals while encour- dentials, relevant experience,
State (DOS) an- ing the skills on the list. been primarily by requests aging international collabo- and contributions in their
Tnounced an update The notice explains from foreign governments, ration in teaching, lecturing, specific field of research in-
of the countries on the Ex- that the Skills List is a list and this has contributed to and research. By facilitating terest. Applicants must not
change Visitors Skills List, of countries designated as setting visa requirements that the exchange of professors be pursuing a tenure-track
effective December 9, 2024. clearly requiring the services are arbitrary and opaque. and research scholars, the position nor intending to stay
This update supersedes the of persons engaged in certain The share of workers program promotes intellec- in the United States beyond
most recent update in 2009. fields of specialized knowl- covered by the list actually tual enrichment, shared re- the duration of the five-year
DOS has removed China and edge or skills. Criteria for rises with a country’s income search efforts, and stronger program.
India, among 34 countries, designation include overall level, according to a report connections between aca- Under 22 C.F.R. §
from the list. This means that economic development (per from the Institute for Prog- demic and research institu- 62.4(f), a foreign nation-
J nonimmigrant exchange capita Gross Domestic Prod- ress. For example, countries tions in the United States al can qualify as a research
visitors from those coun- uct), country size, and overall with similar levels of develop- and abroad. It provides for- scholar if their primary pur-
tries who were subject to the outbound migration rate, the ment can have vastly differ- eign scholars and professors pose is conducting research,
two-year foreign residence notice states. In addition to ent representation of fields the opportunity to work with observing, or consulting on a
requirement based on desig- China and India, Saudi Ara- on that list. Mali imposes the American colleagues, engage research project at research
nations in the previously pub- bia, South Korea, the United home return requirement on in cross-cultural activities, institutions, corporate re-
lished Skills List no longer Arab Emirates, and others almost all fields, for example, and share their experiences search facilities, museums,
while Gambia doesn’t and enhanced expertise with libraries, accredited aca-
impose it on any. their home countries, bene- demic institutions, or similar
The original ratio- fiting both their communities organizations. While J-1 re-
nale behind the list— and their fields of study. search scholars may engage
that immigration creates 22 C.F.R. §§ 62.3(a) in activities similar to H-1B
a “brain drain” effect in (1)–(3) outlines the types of visa holders, such as re-
their countries of ori- entities eligible to apply for search and teaching, the J-1
gin—has also been com- designation as a sponsor of a visa is specifically designed
plicated by new evidence J-1 program, including com- for cultural exchange and
showing that skilled im- panies that meet the require- professional development,
migration can increase ments set forth in 22 C.F.R. not for ordinary employ-
development in home § 62.3(b). Once authorized, ment. However, unlike the
countries. Brain drain is these companies can issue regulations for training and
an outdated concept and DS-2019 forms as specified in internship programs under
the emigration of people 22 C.F.R. § 62.12. A company 22 C.F.R. § 62.22, which ex-
has given way to brain can also partner with an or- plicitly state that they must
gain “because interna- ganization such as the Amer- not displace American work-
tional flows of technol- ican Immigration Council’s ers, this condition is not ap-
ogy, entrepreneurship, (AIC) J-1 Research Scholar plied to research scholars.
trade, and investment program, which is also au- This is because the activities
typically flow through thorized by the State Depart- of research scholars are in-
networks of people, net- ment to assist eligible foreign herently academic and col-
m of works that depend on nationals by connecting them laborative, focusing on the
CYRUS D. MEHTA & PARTNERS PLLC skilled migration, and with qualifying U.S. host or- exchange of knowledge and
because the prospect ganizations, ensuring that ac- skills rather than filling roles

of emigrating induces ademic enrichment and mu- typically occupied by U.S.
more people to invest in tual understanding remain workers.

  acquiring skills.” central to the program’s The Exchange Visitor
   
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€
‚   The J-1 Research goals. According to AIC’s re- Program for Research Schol-
Scholar program is quirements, which align with ars promotes the interchange
poised for greater im- 22 C.F.R. § 62.20(d), appli- of knowledge between for-
pact following the revi- cants must hold a Bachelor’s, eign and American scholars,
sion to the Skills List. Master’s, or PhD degree and emphasizing mutual learning
2 6th Floor

    The Exchange Visitor possess a background as a and expertise sharing. This

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