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IMMIGRATION DECEMBER 27, 2024 | The Indian Eye 37

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ensures the program aligns with its entists to pursue J-1 opportunities, of the home country continue to be List supports the exchange of exper-
mission of fostering international col- benefitting U.S. institutions eager to subject to the two year home country tise across borders, strengthening
laboration and understanding, rather attract global talent. requirement as well as those who re- the U.S.’s global influence, fostering
than addressing employment gaps in Employers can also explore using ceive graduate medical education or international collaboration, and rein-
the U.S. labor market. Although the the J-1 visa for entry-level positions training. forcing American soft power through
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primary focus of the J-1 visa is cul- in the trainee or intern categories, The State Department’s decision the sharing of knowledge and ideas.
tural exchange, research scholars can providing foreign nationals with op- to apply the updated policy retroac- Ultimately, the update ensures the
receive remuneration for their work, portunities to gain experience and tive holds further significance. Indi- U.S. remains a leader in global talent
which aligns with the academic and training. This approach could enable viduals who previously entered the exchange and development.
research nature of their activities, employers to assess long-term po- U.S. on a J-1 visa and whose plans Exchange visitors who seek a
distinguishing it from ordinary em- tential or equip workers with skills have shifted may now explore options definitive determination from DOS
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ployment roles. they can take back to their home such as H-1B or L visas without first of whether the two-year foreign res-
While the update to the Ex- countries. However, while the home needing to fulfill the two-year resi- idence requirement applies to them
change Visitors Skills list does not residency requirement has been lift- dency requirement or obtain a waiv- may request an Advisory Opinion
change how the J-1 visa functions ed for many, the fundamental rules er. This added flexibility enhances the from the Waiver Review Division, the
for research scholars, it has a signif- of the J-1 visa remain unchanged. J-1 visa’s value as a tool for advancing notice says.
icant impact on its appeal. Postdoc- Thus, those whose participation in STEM research and fostering inter- *Jessica Paszko is an Associate at Cyrus D.
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toral researchers, for example, might the J-1 program is funded by the US national talent exchange. Mehta & Partners PLLC.
have been hesitant to accept J-1 po- government or by the government Overall, the change to the Skills
sitions if doing so required them to ___________________________________________________________________________________________________________________________________
return to their home country for two Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Committee;
years. The updated policy, by lifting former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary Committee,
the home residency requirement for Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member of Volunteers
scholars from countries removed for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the Board of Trustees
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from the list, creates greater flexibil- of the American Immigration Council and former chair of the Committee on Immigration and Nationality Law of the New York
ity for both STEM and other talent City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including on ethics, and is also an
to engage in high-level research and adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta received
build successful careers without the the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011 Michael
constraint of spending two early ca- Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the immigration field. He has also
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reer years abroad. This policy shift received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among the most highly regarded lawyers
is expected to encourage more sci- in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and Chambers
Global 2019 in immigration law, among other rankings.

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