Public Notice of Revised Exchange Visitor Skills List, 97693-97700 [2024-28718]
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Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices
ACTION:
Amendment 1.
This is an amendment of the
Presidential declaration of a major
disaster for Public Assistance Only for
the Cheyenne River Sioux Tribe
(FEMA–4842–DR), dated November 1,
2024.
Incident: Severe Storm, Straight-line
Winds, and Flooding.
DATES: Issued on December 3, 2024.
Incident Period: July 13, 2024 through
July 14, 2024.
Physical Loan Application Deadline
Date: January 20, 2025.
Economic Injury (EIDL) Loan
Application Deadline Date: August 1,
2025.
SUMMARY:
Visit the MySBA Loan
Portal at https://lending.sba.gov to
apply for a disaster assistance loan.
FOR FURTHER INFORMATION CONTACT:
Alan Escobar, Office of Disaster
Recovery & Resilience, U.S. Small
Business Administration, 409 3rd Street
SW, Suite 6050, Washington, DC 20416,
(202) 205–6734.
SUPPLEMENTARY INFORMATION: The notice
of the President’s major disaster
declaration for Private Non-Profit
organizations in the Cheyenne River
Sioux Tribe, dated November 1, 2024, is
hereby amended to extend the deadline
for filing applications for physical
damage as a result of this disaster to
January 20, 2025.
All other information in the original
declaration remains unchanged.
ADDRESSES:
(Catalog of Federal Domestic Assistance
Number 59008)
Incident Period: August 8, 2024
through August 10, 2024.
Physical Loan Application Deadline
Date: January 31, 2025.
Economic Injury (EIDL) Loan
Application Deadline Date: August 1,
2025.
Visit the MySBA Loan
Portal at https://lending.sba.gov to
apply for a disaster assistance loan.
FOR FURTHER INFORMATION CONTACT:
Alan Escobar, Office of Disaster
Recovery & Resilience, U.S. Small
Business Administration, 409 3rd Street
SW, Suite 6050, Washington, DC 20416,
(202) 205–6734.
SUPPLEMENTARY INFORMATION: The notice
of the President’s major disaster
declaration for the Saint Regis Mohawk
Tribe, dated November 1, 2024, is
hereby amended to extend the deadline
for filing applications for physical
damages as a result of this disaster to
January 31, 2025.
All other information in the original
declaration remains unchanged.
ADDRESSES:
(Catalog of Federal Domestic Assistance
Number 59008)
Alejandro Contreras,
Acting Deputy Associate Administrator,
Office of Disaster Recovery & Resilience.
[FR Doc. 2024–28793 Filed 12–6–24; 8:45 am]
BILLING CODE 8026–09–P
DEPARTMENT OF STATE
[Public Notice: 12555]
RIN 1400–AF92
Public Notice of Revised Exchange
Visitor Skills List
Alejandro Contreras,
Acting Deputy Associate Administrator,
Office of Disaster Recovery & Resilience.
Department of State.
Public notice.
AGENCY:
[FR Doc. 2024–28817 Filed 12–6–24; 8:45 am]
ACTION:
BILLING CODE 8026–09–P
The Department of State
(‘‘Department’’) is announcing an
update of the Exchange Visitors Skills
List (‘‘Skills List’’). The Skills List is a
list of countries designated by the
Secretary of State as clearly requiring
the services of persons engaged in
certain fields of specialized knowledge
or skills. This list is used by the
Department of State and the Department
of Homeland Security to determine
whether an individual who has been
admitted into the United States as a ‘‘J’’
nonimmigrant exchange visitor, or who
acquired such status, is subject to the
two-year foreign residence requirement
under Section 212(e) of the Immigration
and Nationality Act (‘‘INA’’), as
amended.
SUMMARY:
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration #20610 and #20611;
SAINT REGIS MOHAWK TRIBE Disaster
Number NY–20016]
Presidential Declaration Amendment of
a Major Disaster for the Saint Regis
Mohawk Tribe
U.S. Small Business
Administration.
ACTION: Amendment 1.
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AGENCY:
This is an amendment of the
Presidential declaration of a major
disaster for the Saint Regis Mohawk
Tribe (FEMA–4818–DR), dated
November 1, 2024.
Incident: Severe Storm and Flooding.
DATES: Issued on December 3, 2024.
SUMMARY:
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The Exchange Visitor Skills List
is applicable on December 9, 2024.
DATES:
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97693
Jami
Thompson, Senior Regulatory
Coordinator, Visa Office, Bureau of
Consular Affairs, Department of State;
email: VisaRegs@state.gov.
SUPPLEMENTARY INFORMATION: INA
212(e) (8 U.S.C. 1182(e)) provides that
certain individuals who have been
admitted to the United States as ‘‘J’’
nonimmigrant exchange visitors, or who
acquired such status in the United
States, are ineligible to apply for an
immigrant visa, for permanent
residence, or for certain nonimmigrant
visas until they have resided and been
physically present in their country of
nationality or last residence for an
aggregate of at least two years following
departure from the United States. More
specifically, under INA 212(e) (8 U.S.C.
1182(e)), this requirement attaches to J
nonimmigrants who, among other
criteria, are a national or resident of a
country that the Secretary of State,
pursuant to Department regulations, has
designated as clearly requiring the
services of persons engaged in the field
of specialized knowledge or skill in
which the individual was engaged.
Department regulations at 22 CFR
41.62(c) implement the Secretary’s
designation authority under this
provision, providing that an exchange
visitor is subject to the two-year foreign
residence requirement if they are a
national or legal permanent resident of
a ‘‘country which the Secretary of State
has designated, through publication by
public notice in the Federal Register, as
clearly requiring the services of persons
engaged in the field of specialized
knowledge or skill’’ during their
exchange visitor program. The
Department also implements INA
212(e), 8 U.S.C. 1182(e) through
regulations at 22 CFR 41.63 and 22 CFR
40.202.
Pursuant to the provisions of INA
212(e), 8 U.S.C. 1182(e), 22 CFR 41.62,
and 22 CFR 41.63, the Department is
announcing a revised Skills List. The
Department has periodically updated
the Skills List since the initial
publication of the Skills List on April
25, 1972. New lists were published on
February 10, 1978, June 12, 1984,
January 16, 1997, and April 30, 2009.
This revised Skills List supersedes the
most recent Skills List published in
2009. Accordingly, J nonimmigrant
exchange visitors who were subject to
the two-year foreign residence
requirement at the time of their
admission or acquisition of J status
based on designations in a previously
published Skills List will no longer be
subject to that requirement if their
country is not designated in this revised
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices
list. This Skills List was developed by
the Bureau of Consular Affairs Visa
Office in collaboration with the State
Department’s Office of the Chief
Economist and the Bureau of
Educational and Cultural Affairs.
The Department is updating the
countries included on the Skills List
based on criteria that is data driven,
transparent, and consistent with U.S.
goals for the development of foreign
countries. The Department is not
updating skills in this revision—for
countries present on this revised Skills
List, the skills listed remain the same as
in the 2009 Skills List. The Skills List
below accounts for overall economic
development (as measured by per capita
Gross Domestic Product (GDP)), country
size, and overall outbound migration
rate. 1
• If a country has per capita GDP that
is less than $7,500 2 in 2023 dollars
(calculated using the purchasing power
parity (PPP) exchange rate), the
Department presumes it would benefit
from its nationals or residents
possessing the specialized knowledge or
skills designated on the Skills List.
• If a country is at or above the $
7,500 GDP threshold, but below the
median per capita GDP ($15,000 in 2023
dollars), and determined to be small,
which makes it more difficult to
develop internal hubs of specialized
knowledge or skills, the Department
presumes that country would benefit
from its nationals or residents
possessing the specialized knowledge or
skills designated on the Skills List.
• If a country is at or above the $7,500
GDP threshold, but below the median
per capita GDP ($15,000 in 2023
dollars), and has experienced a
significant balance of outbound
migration, which is likely to have
resulted in the loss of talent and skills
over the preceding decade, the
Department presumes that country
would benefit from its nationals or
residents possessing the specialized
knowledge or skills designated on the
Skills List.
The Department has chosen these
indicators and thresholds as an
objective, measurable proxy for a
country’s standard of living and
development and is closely linked to the
accumulation of human capital within a
given country. These criteria are meant
to ensure countries with low levels of
development as well as those countries
1 All
data taken from the World Bank Group Data
(https://data.worldbank.org/).
2 $7500 in 2023 dollars is approximately 50% of
global median income or about the 33 percentile of
income distribution, which covers about 1⁄3 of all
countries with lowest human development
indicator measure.
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with higher levels of development that
have other extenuating circumstances
that stymie the development of a skilled
workforce will remain on the Skills List
to support the development of that
country.
The Department has chosen these
criteria to assist its determination that
the listed countries clearly require the
services of persons engaged in
designated fields of specialized
knowledge or skills, because these wellestablished measures of a country’s
standard of living are informative of
whether the country in fact clearly
requires the relevant knowledge or skill,
as opposed to the country only
benefiting from or otherwise not
requiring additional expertise in the
relevant fields.
The Department intends to review the
Skills List every three years and will
publish updates as appropriate.
Exchange Visitors who seek a
definitive determination from the
Department of whether the two-year
foreign residence requirement applies to
them may request an Advisory Opinion
from the Waiver Review Division.
Information on this process is available
on our website at travel.state.gov.
This Notice is exempt from notice and
comment as it involves a foreign affairs
function of the United States. 5 U.S.C.
553(a)(1).). The Department has invoked
the foreign affairs exemption from
Administrative Procedure Act (APA)
requirements for numerous rules
involving the Exchange Visitor Program
going back to 1949, including several
rules specifically relating to the twoyear foreign residence requirement.3
Under 5 U.S.C. 553(a)(1), notice-andcomment requirements of the APA do
not apply ‘‘to the extent there is
involved . . . a military or foreign
affairs function of the United States.’’
This exemption applies when the rule
in question ‘‘is clearly and directly
involved in a foreign affairs function.’’ 4
In addition, although the text of the
APA does not require an agency
invoking this exemption to show that
such procedures may result in
‘‘definitely undesirable international
consequences,’’ some courts have
required such a showing.5 Both
standards are satisfied here.
In designating countries and skills on
the Skills List, the Secretary is carrying
out authority vested by Congress to
3 See, e.g., 14 FR 4591 (July 22, 1949), 21 FR 6270
(Aug. 21, 1956), 37 FR 7156 (Apr. 11, 1972), 37 FR
17470 (Aug. 29, 1972), 38 FR 20319 (July 31, 1973),
72 FR 10060 (Mar. 7, 2007).
4 Mast Indus. v. Regan, 596 F. Supp. 1567, 1582
(Ct. Int’l Trade 1984) (quotation marks omitted).
5 E.g., Yassini v. Crosland, 618 F.2d 1356, 1360
n.4 (9th Cir. 1980).
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assess the needs of foreign countries. As
this relates to the Exchange Visitor
Program, a key diplomacy tool, the
Secretary’s designations of countries on
the list directly involves a foreign affairs
function as the designations are a
vehicle to advancing U.S. foreign policy
objectives in countries whose nationals
and residents participate in exchange
visitor programs. The Exchange Visitor
Program’s nexus to foreign affairs is
reflected in the purpose of the United
States Information and Educational
Exchange Act of 1948 to ‘‘promote the
better understanding of the United
States among the peoples of the world
and to strengthen cooperative
international relations,’’ 6 and the
Secretary’s discretionary designation of
countries as ‘‘clearly requiring’’ certain
fields of knowledge or skills by nature
reflects a quintessential foreign affairs
function. The Mutual Educational and
Cultural Exchange Act of 1961 (also
known as the Fulbright-Hays Act),
provides further evidence of the foreign
affairs function served by the Exchange
Visitor Program.
‘‘The purpose of this [Act] is to enable
the Government of the United States to
increase mutual understanding between
the people of the United States and the
people of other countries by means of
educational and cultural exchange; to
strengthen the ties which unite us with
other nations by demonstrating the
educational and cultural interests,
developments, and achievements of the
people of the United States and other
nations, and the contributions being
made toward a peaceful and more
fruitful life for people throughout the
world; to promote international
cooperation for educational and cultural
advancement; and thus to assist in the
development of friendly, sympathetic,
and peaceful relations between the
United States and the other countries of
the world.’’ 22 U.S.C. 2451.
The revised Exchange Visitors Skills
List clearly and directly involves a
foreign affairs function given the nature
of the Secretary’s express authority to
designate countries under INA section
212(e), 8 U.S.C. 1182(e). Even more
generally, courts have acknowledged
that ‘‘[t]he exchange visitor program—
with its statutory mandate for
international interaction through
nonimmigrants—certainly relates to the
foreign affairs and diplomatic duties
conferred upon the Secretary of State
and the State Department.’’ Raoof v.
Sullivan, 315 F. Supp. 3d 34, 44 (D.D.C.
2018).
Further, requiring the Department to
subject this list of designations to the
6 Public
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Law 80–402 (1948).
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APA’s notice and comment
requirements would result in ‘‘definitely
undesirable international
consequences.’’ The foreign relations
considerations of opening this list of
designations to public comment,
including comment from foreign
governments whose policies are directly
affected by this list and requiring the
Department to respond publicly to
questions regarding the balancing of
foreign policy and other national
interests, would have definitely
undesirable international
consequences.7 For example, if a foreign
country expresses dissatisfaction with
the Skills List designations, requiring
the Department to air this disagreement
in a public forum could have larger
implications for foreign relations
between the United States and that
other country.
The 2024 Exchange Visitor Skills List
reads as follows:
•
•
•
•
(01) Agriculture, Agriculture
Operations, and Related Sciences
(04.03)
(10.03)
• Natural Resources Management and
Policy
• Graphic Communications
• Printing Management
• Prepress/Desktop Publishing and
Digital Imaging Design
• Animation
• Interactive Technology
• Video Graphics and Special Effects
• Graphic and Printing Equipment
Operator
• Printing Press Operator
• Computer Typography
• Composition Equipment Operator
(03.03)
• Fishing and Fisheries Sciences
• Fishing and Fisheries Management
(03.05)
• Forestry
(04) Architecture and Related Services
(04.02)
•
•
•
•
•
•
Architecture
Environmental Design
Interior Design
Landscape Design
Architectural History
Architectural Technology
(09.04)
•
•
•
•
(03) Natural Resources and
Conservation
(03.01)
• Natural Resources Conservation and
Research
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•
•
•
•
•
• Data Processing
(11.04)
• Information Science/Studies
(11.05)
Journalism
Broadcast Journalism
Photojournalism
On-Line/Web page News
• Computer Systems Analysis
(11.06)
• Data Entry
• Microcomputer Applications
• Word Processing
(09.07)
(01.12)
• Soil Science and Agronomy
(11.02)
(11.03)
• Communication and Media Studies
(01.11)
• Plant Sciences
• Crop Science
• Horticulture Science
• Agricultural and Horticultural Plant
Breeding
• Pest Management
• Range Science
• Computer and Information Sciences,
General
• Web page Design
• Database Administration
• Cybernetics
• Artificial Intelligence
• Robotics
• Information Technology
• Computer Programming
(01.09)
• Animal Sciences
• Agricultural Animal Breeding
• Animal Health and Nutrition
• Dairy Science
• Livestock Management
• Poultry Science
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(11.01)
(09) Communication, Journalism, and
Related Programs
(09.01)
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(11) Computer and Information
Sciences and Support Services
—
(01.06)
• Applied Horticulture/Horticulture
(01.10)
• Food Science
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(03.02)
(05) Area, Ethnic, Cultural, and Gender
Studies
(01.01)
• Agricultural Business and
Management
• Production Operations and
Mechanization
7 Yassini v. Crosland, 618 F.2d 1356, 1360 n.4
(9th Cir. 1980).
• Photographic and Film/Video
Technology
• Radio and Television Broadcasting
• Recording Arts
Environmental Science
Wildlife Studies
Wildlands Studies
Environmental Protection
• City/Urban Planning
• Community and Regional Planning
• Architectural Urban Design
(01.00)
• Agriculture, General
97695
Telecommunication
Radio Communication
Television Communication
Digital Communication
Media/Multimedia
(11.07)
• Computer Science
• Systems Engineering
(09.09)
(11.10)
• Public Relations
• Advertising
• Applied Communication
• Computer/Information Technology
Administration
• Computer/Information Technology
Management
(09.10)
• Publishing
(12) Personal and Culinary Services
(10) Communications Technologies,
Technicians and Support Services
• Funeral & Mortuary Service
(12.03)
(10.01)
(12.05)
• Communications Technology/
Technicians
• Cooking, Culinary Arts and Related
Services
• Baking and Pastry Arts
• Bartending
• Culinary Arts/Chef Training
• Restaurant Management
(10.02)
• Audiovisual Communications
Technologies/Technicians
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• Culinary and Catering Management
• Food Preparation/Professional
Cooking
• Meat Cutting
• Food Service
• Institutional Food Workers
•
•
•
•
(13) Education
(13.01)
• Education, General
• Educational Administration
(14.33)
• Construction Engineering
(14) Engineering
(14.35)
(14.01)
• Industrial/Manufacturing Engineering
• Engineering, General
(14.38)
(14.02)
• Surveying Engineering
• Aerospace, Aeronautical and
Astronautical Engineering
(13.02)
(14.03)
• Bilingual, Multilingual, and
Multicultural
• Agricultural/Biological Engineering
and Bioengineering
(13.03)
• Curriculum and Instruction
• Media Design
(14.05)
(13.06)
(14.07)
• Educational Assessment, Evaluation,
and Research
• Chemical Engineering
(13.09)
•
•
•
•
•
• Biomedical/Medical Engineering
• Social and Philosophical Foundations
of Education
(13.10)
• Special Education and Teaching
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• Petroleum and Natural Gas
Reading
Science
Social Studies
Speech
(14.08)
Civil Engineering
Geotechnical Engineering
Structural Engineering
Water Resources
Transportation and Highway
Engineering
(14.39)
• Geological/Geophysical Engineering
(16) Foreign Languages, Literatures,
and Linguistics
Including:
• Foreign Languages and Literatures
• Linguistics
• Language Interpretation and
Translation
• Comparative Literature
• Language
• Literature and Linguistics for all
Languages in the world including
various forms and study of sign
language
(19) Family and Consumer Sciences/
Human Sciences
(13.11)
(14.09)
• Student Counseling and Personnel
Services
• Computer Hardware and Software
Engineering
(13.12)
(14.10)
Teacher Education and Professional
Development, Specific Levels and
Methods, including, but not limited to:
• Adult and Continuing Education
• Early Childhood
• Elementary
• Middle School and Secondary
Education
• Montessori Teacher Education
• Waldorf/Steiner Teacher Education
• Electrical, Electronics and
Communications Engineering
• Radio Engineering
(13.13)
• Materials Engineering
Teacher Education and Professional
Development, Specific Subject Areas,
including, but not limited to:
• Agriculture
• Art
• Business
• Computers
• Drama
• Driver Safety
• English
• Foreign Languages
• Geography
• Health
• History
• Home Economics
• Industrial Arts
• Sales and Marketing
• Math
• Music
• Physical Education
• Psychology
(14.19)
• Apparel and Textiles
• Textile Manufacturing
• Textile Science
• Apparel and Textile Marketing
Management
• Fashion and Fabric Consulting
• Mechanical Engineering
(22) Legal Professions and Studies
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(14.14)
• Environmental Engineering
• Pollution Control
• Waste and Hazardous Material
Disposal
(14.18)
(19.01)
• Family and Consumer Sciences,
General
• Human Sciences, General (formerly,
Home Economics)
(19.05)
• Foods, Nutrition, and Related
Services
(19.09)
(14.20)
• Metallurgical Engineering
(14.21)
• Mining and Mineral Engineering
Including:
Law
Legal Research
Judicature
All branches and specialties in the
practice of law
•
•
•
•
(14.22)
• Naval Architecture and Marine
Engineering
(23) English Language and Literature/
Letters
(14.23)
Including:
• English Literature
• Composition
• Various types of English Writing
• Nuclear Engineering
(14.24)
• Ocean Engineering
(14.25)
(24) Liberal Arts and Sciences, General
Studies and Humanities
• Energy Engineering & Tech.
—
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(25) Library Science
(40.05)
(26) Biological and Biomedical Sciences
• Chemistry
(26.01)
• Biology
(40.06)
•
•
•
•
(26.03)
• Botany/Plant Biology
(26.04)
• Anatomical Sciences
• Anatomy
—
(42) Psychology
Including, but not limited to:
• Psychometrics
• Psychobiology
(43) Security and Protective Services
Including:
• Law Enforcement
• Fire Protection
• Corrections
(44) Public Administration and Social
Service Professions
(44.04)
•
•
•
•
(26.12)
• Biotechnology
(26.13)
• Ecology, Population Biology
•
•
•
•
(31) Parks, Recreation, Leisure, and
Fitness Studies
(31.01)
• Parks, Recreation and Leisure Studies
(31.05)
• Health and Physical Education/
Fitness
(36.0101)
• Camp Counselor
(39) Theology and Religious Vocations
—
(40) Physical Sciences
Social Work
Youth Services
Welfare
Probation
(40.02)
• Astronomy
• Astrophysics
• Planetary Astronomy and Science
• Space Technology
(40.04)
• Atmospheric Sciences and
Meteorology
Jkt 265001
(48.00)
• Precision Production Trades
• Metal Working
• Woodworking
• Drafting
(49) Transportation and Materials
Moving
(49.01)
Air Transportation, including:
• Aeronautics/Aviation/Aerospace
Science and Technology, General
• Airline/Commercial/Professional
Pilot and Flight Crew
• Aviation/Airway Management and
Operations
• Air Traffic Controller
• Flight Instructor
• Anthropology
• Physical Anthropology
(49.03)
Marine Transportation, including:
• Commercial Fishing
• Diver, Professional Instructor
• Marine Science
• Merchant Marine
(45.03)
(50) Visual and Performing Arts
• Archeology
(50.01)
Visual and Performing Arts,
including, but not limited to:
• Music
• Theatre
• Sculpture
• Photography
• TV & Motion Picture Arts & Sciences
(45) Social Sciences
(45.02)
• Criminology
(45.05)
• Demography and Population Studies
(45.06)
• Economics
(45.07)
(40.01)
• Physical Sciences
(47) Mechanic and Repair
Technologies/Technicians
—
(49.02)
Ground Transportation, including:
• Construction
• Heavy Equipment/Earthmoving
Equipment Operation
• Commercial Vehicle Operation
• Mobil Crane Operation
(45.04)
(38) Philosophy and Religious Studies
—
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Public Administration
City Planning
Urban Planning
Urban Transportation
(44.07)
(27) Mathematics and Statistics
—
(46) Construction Trades
—
(48) Precision Production
(41) Science Technologies/Technicians
(26.08)
Genetics, all types, including:
• Animal
• Plant
• Molecular
• Microbial and Eukaryotic
• Human
• Genetic Engineering
• Biomathematics
• Bioinformatics
16:08 Dec 06, 2024
Geological and Earth Sciences
Geosciences
Oceanography
Hydrology
• Physics
(26.07)
• Zoology/Animal Biology
VerDate Sep<11>2014
(45.99)
• Social Sciences, Other
(40.08)
(26.05)
• Microbiological Sciences and
Immunology
97697
• Geography
• Cartography
(45.09)
• International Relations and Affairs
(45.10)
• Political Science and Government
(45.11)
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(51) Health Professions and Related
Clinical Sciences
(51.01)
• Chiropractic
• Sociology
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(50.04)
Design and Applied Arts, including:
• Commercial and Advertising Art
• Industrial Design
• Fashion/Apparel Design
• Interior Design
• Graphic Design
• Illustration
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(51.02)
• Communication Disorders Sciences &
Services
• Speech Language Pathology
• Sign Language Interpretation
(51.04)
•
•
•
•
•
Dentistry
Advanced/Graduate Dentistry
Oral Sciences
Dental Technology
Orthodontics
(51.06)
• Dental Support Services/Assistant
(51.07)
• Health and Medical Administrative
Services
• Health/Medical Statistics and
Documentation
(51.08)
• Medical Support Services/Assistant
(51.09)
Allied Health Diagnostic,
Intervention, and Treatment
Professions, including, but not limited
to the following fields:
• Emergency Medical
• Cardiovascular
• Electrocardiograph
Electroneurodiagnostic/
Electroencephalographic
• Nuclear Medical
• Perfusionist
• Radiation Therapy
• Respiratory Care Therapy
• Surgical
• Sonography and Ultrasound
• Radiography
• Athletic Training
• Genetic Therapy
• Cardiopulmonary
• Radiation Protection/Health Physics
(51.10)
• Clinical/Medical Laboratory Science
and Allied Professions
ddrumheller on DSK120RN23PROD with NOTICES1
(51.12)
Medicine/Medical Research, all
specialties and fields, including, but not
limited to:
• Allergy and Immunology
• Anesthesiology
• Audiology
• Cancer
• Cardiography
• Cardiology
• Dermatology
• Embryology
• Emergency Medicine
• Epidemiology
• Family Practice
• Forensic Medicine
• Gastroenterology
• Geriatrics
VerDate Sep<11>2014
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Jkt 265001
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Hematology
Internal Medicine
Medical Genetics
Neurology
Nuclear Medicine
Obstetrics and Gynecology
Oncology
Ophthalmology
Orthopedic Surgery
Otolaryngology
Pathology
Pediatrics
Pharmacology and Pharmaceutics
Physical Medicine and Rehabilitation
Physiology
Plastic Surgery
Podiatry
Preventive Medicine
Proctology
Psychiatry
Radiology
Radiation Oncology
Speech Pathology
Sports Medicine
Surgery
Toxicology
Transitional
Urology
Virology
(51.15)
• Mental and Social Health Services
• Substance Abuse Counseling
• Marriage/Family Counseling
• Psychoanalysis
(51.16)
• Nursing (including all specialties)
(51.17)
• Optometry
(51.19)
• Osteopathic Medicine/Osteopathy
(51.20)
• Pharmacy (including Administration)
(51.22)
• Public Health, including, but not
limited to:
• Environmental Health
• Occupational Health and Industrial
Hygiene
• Public Health Education and
Promotion
• International Health
• Community Health and Preventive
Medicine
• Health Services Administration
•
•
•
•
•
•
Anatomy
Physiology
Microbiology
Pathology
Toxicology
Animal/Veterinary Surgery and
Medicine
(51.27)
• Medical Illustration
• Informatics & Medical Photography
(51.31)
• Dietetics and Clinical Nutrition
(51.33)
• Alternative Medicine
(52) Business, Management, Marketing,
and Related Support Services
(52.02)
• Business Administration
• Management and Operations
• Industrial Administration &
Management
• Small Business Administration/
Operations
• Franchising
(52.03)
• Accounting and Related Services
(52.04)
• Business Operations Support and
Assistant Services
(52.06)
• Business/Managerial Economics
• Management Studies & Economic
Information Analysis
(52.08)
• Finance
• Banking and Financial Management
Services
(52.09)
• Hospitality Administration/
Management
• Hotel, Motel, and Restaurant
Management & Tourism
• Travel Services Management
(52.10)
• Human Resources Management and
Services
• Labor and Industrial Relations
• Organizational Behavior Studies
• Labor Studies
(51.23)
• Rehabilitation and Therapeutic
Professions
(52.11)
• International Business/Trade/
Commerce
(51.24)
• Veterinary Medicine
(52.12)
• Management Information Systems and
Services
(51.25)
Veterinary Biomedical and Clinical
Sciences, including all Veterinary
Sciences:
PO 00000
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Fmt 4703
Sfmt 4703
(52.13)
• Management Sciences and
Quantitative Methods
E:\FR\FM\09DEN1.SGM
09DEN1
Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices
• Operations Research
• Statistics
Cameroon
• 03.01, 03.05, 04, 09, 10, 11, 13, 14, 16,
19.05, 23, 24, 25, 26, 27, 31.01, 38, 39,
40, 41, 43, 44, 45, 46, 47, 50, 51.01,
51.04, 51.06, 51.07, 51.08, 51.09,
51.10, 51.12, 51.15, 51.16, 51.17,
51.19, 51.20, 51.22, 51.23, 51.24,
51.25, 51.27, 51.31, 51.33, 52.02,
52.03, 52.04, 52.06, 52.08, 52.09,
52.11, 52.12, 52.13, 52.14, 52.15,
52.20, 54, 60
(52.14)
• Marketing/Marketing Management
(52.15)
• Real Estate
(52.16)
• Taxation
(52.17)
• Insurance
Cape Verde
• 01, 03, 10, 11, 13, 14, 16, 26, 27, 40,
41, 42, 43, 44, 51
(52.20)
• Construction Management
Congo, Dem. Rep.*
(54) History
(54.01)
• History
• Regional History, such as American,
European and Asian
• History of Science and Technology
• Public/Applied History
• Archival Administration
Djibouti
• 01, 13, 19, 23, 24, 25, 26, 27, 31, 41,
42, 45, 46, 47, 48, 51, 52, 60
(60) Medical Residency Programs
Ecuador *
(60.01)
• 01, 03, 04, 05, 09, 10, 11, 12, 13, 14,
16, 19, 22, 23, 24, 25, 26, 27, 31, 38,
39, 40, 41, 42, 43, 44, 45, 46, 47, 48,
49, 50, 51, 52, 54, 60
Dental Residency Programs:
(60.02)
Medical Residency Programs:
• The program sponsor for medical
residency programs is The
Educational Commission for Foreign
Medical Graduates
(60.03)
• Veterinary Residency Programs
Country Skill Codes
Belize *
• 01, 03, 04, 05, 09, 10, 11, 12, 13, 14,
16, 19, 22, 23, 24, 25, 26, 27, 31, 38,
39, 40, 41, 42, 43, 44, 45, 46, 47, 48,
49, 50, 51, 52, 54, 60
Benin
• 01, 03, 04, 05, 09, 10, 11, 12, 13, 14,
16, 19, 22, 23, 24, 25, 26, 27, 31, 38,
39, 41, 42, 43, 44, 45, 46, 47, 48, 49,
50, 51, 52, 54, 60
Burkina Faso *
• 01, 03, 04, 05, 09, 10, 11, 12, 13, 14,
16, 19, 22, 23, 24, 25, 26, 27, 31, 38,
39, 40, 41, 42, 43, 44, 45, 46, 47, 48,
49, 50, 51, 52, 54, 60
ddrumheller on DSK120RN23PROD with NOTICES1
• 01, 03, 04, 05, 09, 10, 11, 12, 13, 14,
16, 19, 22, 23, 24, 25, 26, 27, 31, 38,
39, 40, 41, 42, 43, 44, 45, 46, 47, 48,
49, 50, 51, 52, 54, 60
Burma (Myanmar) *
• 01, 03, 04, 05, 09, 10, 11, 12, 13, 14,
16, 19, 22, 23, 24, 25, 26, 27, 31, 38,
39, 40, 41, 42, 43, 44, 45, 46, 47, 48,
49, 50, 51, 52, 54, 60
Cambodia
• 01.01, 03.01, 04.03, 10.01, 13.01,
14.14, 44.04, 51.08, 51.12
VerDate Sep<11>2014
16:08 Dec 06, 2024
Jkt 265001
El Salvador
• 01.00, 01.01, 01.06, 01.09, 01.10,
01.12, 03.01, 03.02, 03.03, 04.03,
09.01, 09.07, 09.10, 11, 12, 13.01,
13.02, 13.06, 13.09, 13.10, 13.11,
13.12, 13.13, 14.01, 14.02, 14.05,
14.07, 14.09, 14.18, 14.20, 14.22,
14.25, 14.33, 14.35, 14.39, 16, 19.05,
23, 24, 25, 26.04, 26.05, 26.07, 26.08,
26.11, 26.12, 26.13, 31.01, 31.05, 38,
40, 43, 44, 45.02, 45.03, 45.05, 45.07,
45.09, 45.10, 49, 50, 51.02, 51.04,
51.06, 51.07, 51.08, 51.09, 51.10,
51.15, 51.16, 51.17, 51.19, 51.20,
51.22, 51.23, 51.24, 51.25, 51.27,
51.31, 51.33, 52.03, 52.06, 52.09,
52.10, 52.11, 52.12, 52.15, 52.16,
52.20, 54, 60
Eritrea *
• 01, 03, 04, 05, 09, 10, 11, 12, 13, 14,
16, 19, 22, 23, 24, 25, 26, 27, 31, 38,
39, 40, 41, 42, 43, 44, 45, 46, 47, 48,
49, 50, 51, 52, 54, 60
Eswatini
• 01, 03, 04, 09.01, 09.04, 09.07, 09.09,
10, 11, 13, 14, 19.09, 22, 26, 27, 31,
40, 41, 42, 43, 44, 45, 46, 47, 48,
49.01, 49.02, 50.04, 51, 52, 60
Ethiopia
• 01, 03, 04, 09, 10, 11, 12, 13, 14, 16,
19, 22, 23, 24, 25, 26, 27, 31, 38, 39,
40, 41, 42, 43, 44, 45, 46, 47, 48, 49,
50, 51, 52, 54, 60
PO 00000
Frm 00118
Fmt 4703
Sfmt 4703
97699
Fiji *
• 01, 03, 04, 05, 09, 10, 11, 12, 13, 14,
16, 19, 22, 23, 24, 25, 26, 27, 31, 38,
39, 40, 41, 42, 43, 44, 45, 46, 47, 48,
49, 50, 51, 52, 54, 60
Gambia, The
• 01, 03, 04, 05, 09, 10, 11, 12, 13, 14,
16, 19, 22, 23, 24, 25, 26, 27, 31, 38,
39, 40, 41, 42, 43, 44, 45, 46, 47, 48,
49, 50, 51, 52, 54
Ghana
• 01, 03, 04, 09, 10, 11, 13, 14, 16,
19.01, 19.05, 24, 25, 26, 27, 31, 38, 40,
41, 42, 43, 44, 45, 46, 47, 48, 49, 50,
51, 52, 54, 60
Guatemala
• 01, 03, 04, 05, 09.01, 09.04, 09.07,
09.10, 10, 11, 13, 14, 16, 19.01, 19.05,
22, 23, 24, 25, 26, 27, 40, 41, 42, 43,
44, 45, 48, 49, 51, 52.02, 52.03, 52.04,
52.06, 52.08, 52.09, 52.10, 52.11,
52.12, 52.13, 52.15, 52.16, 52.20, 60
Haiti
• 01, 03, 04, 09, 10, 11, 13, 14, 19, 22,
23, 24, 26, 27, 31, 40, 41, 42, 43, 44,
45
Honduras *
• 01, 03, 04, 05, 09, 10, 11, 12, 13, 14,
16, 19, 22, 23, 24, 25, 26, 27, 31, 38,
39, 40, 41, 42, 43, 44, 45, 46, 47, 48,
49, 50, 51, 52, 54, 60
Jamaica *
• 01, 03, 04, 05, 09, 10, 11, 12, 13, 14,
16, 19, 22, 23, 24, 25, 26, 27, 31, 38,
39, 40, 41, 42, 43, 44, 45, 46, 47, 48,
49, 50, 51, 52, 54, 60
Kenya *
• 01, 03, 04, 05, 09, 10, 11, 12, 13, 14,
16, 19, 22, 23, 24, 25, 26, 27, 31, 38,
39, 40, 41, 42, 43, 44, 45, 46, 47, 48,
49, 50, 51, 52, 54, 60
Kosovo
• 01.01, 01.06, 03.01, 03.02, 03.05, 04,
05, 09, 10, 11, 13, 14, 16, 19, 22, 23,
24, 25, 26, 27, 38, 40, 41, 42, 43, 44,
45, 46, 47, 48, 49, 50, 51, 52, 54, 60
Lebanon *
• 01, 03, 04, 05, 09, 10, 11, 12, 13, 14,
16, 19, 22, 23, 24, 25, 26, 27, 31, 38,
39, 40, 41, 42, 43, 44, 45, 46, 47, 48,
49, 50, 51, 52, 54, 60
Liberia *
• 01, 03, 04, 05, 09, 10, 11, 12, 13, 14,
16, 19, 22, 23, 24, 25, 26, 27, 31, 38,
39, 40, 41, 42, 43, 44, 45, 46, 47, 48,
49, 50, 51, 52, 54, 60
Malawi
• 01, 03, 04, 05, 09, 10, 11, 12, 13,
14.01, 14.03, 14.05, 14.07, 14.08,
E:\FR\FM\09DEN1.SGM
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14.09, 14.10, 14.14, 14.18, 14.19,
14.20, 14.21, 14.25, 14.33, 14.35,
14.38, 14.39, 16, 19, 22, 23, 24, 25, 26,
27, 31, 38, 39, 40, 41, 42, 43, 44, 45,
46, 47, 48, 49, 50, 51, 52, 54, 60
Rwanda
• 01, 03, 04, 05, 09, 10, 11, 12, 13, 14,
16, 19, 22, 23, 24, 25, 26, 31, 38, 40,
41, 42, 43, 44, 45, 46, 47, 48, 49, 50,
51, 52, 54, 60
Mauritania *
• 01, 03, 04, 05, 09, 10, 11, 12, 13, 14,
16, 19, 22, 23, 24, 25, 26, 27, 31, 38,
39, 40, 41, 42, 43, 44, 45, 46, 47, 48,
49, 50, 51, 52, 54, 60
• 01, 03, 04, 09, 10, 11, 13, 14, 16, 22,
23, 24, 25, 26, 27, 38, 40, 41, 42, 43,
44, 45, 47, 48, 49, 50, 51, 52, 54, 60
Senegal
Tajikistan
• 01, 04, 10, 11, 14
Tanzania
• 01, 03, 04.02, 09.01, 09.04, 11, 13, 14,
16, 25, 26, 27, 31.01, 40, 41, 42, 43,
44, 45, 46, 47, 51, 52.02, 52.03, 52.08,
52.09, 52.10, 52.11, 52.20, 60
Nepal
• 01, 03, 04, 05, 09, 10, 11, 12, 13, 14,
16, 19, 23, 24, 25, 26, 27, 31, 38, 39,
40, 41, 42, 43, 44, 45, 46, 47, 48, 49,
50, 51, 52, 54, 60
Timor-Leste *
• 01, 03, 04, 05, 09, 10, 11, 12, 13, 14,
16, 19, 22, 23, 24, 25, 26, 27, 31, 38,
39, 40, 41, 42, 43, 44, 45, 46, 47, 48,
49, 50, 51, 52, 54, 60
Nicaragua *
• 01, 03, 04, 05, 09, 10, 11, 12, 13, 14,
16, 19, 22, 23, 24, 25, 26, 27, 31, 38,
39, 40, 41, 42, 43, 44, 45, 46, 47, 48,
49, 50, 51, 52, 54, 60
Togo
• 01, 03, 04, 05, 09, 10, 11, 12.05, 13,
14, 16, 19, 22, 23, 24, 25, 26, 27, 31,
39, 40, 41, 43, 44, 45, 51, 52, 60
Niger
• 01, 03, 04, 05, 09.01, 09.04, 09.07,
09.09, 10.01, 10.02, 11, 13, 14.01,
14.03, 14.05, 14.07, 14.08, 14.09,
14.10, 14.14, 14.18, 14.19, 14.20,
14.21, 14.23, 14.25, 14.33, 14.35,
14.38, 14.39, 26, 27, 40, 41, 43, 45,
49.01, 49.02, 51, 52, 54, 60
Tonga *
• 01, 03, 04, 05, 09, 10, 11, 12, 13, 14,
16, 19, 22, 23, 24, 25, 26, 27, 31, 38,
39, 40, 41, 42, 43, 44, 45, 46, 47, 48,
49, 50, 51, 52, 54, 60
Venezuela, RB
Nigeria
• 01, 03, 04, 05, 09, 10, 11, 12, 13, 14,
16, 19, 22, 23, 24, 25, 26, 27,31, 40,
41, 42, 43, 44, 45, 46, 47, 48, 49, 50,
51, 52, 60
• 01, 03, 04.03, 05, 09.01, 09.07, 10, 11,
13, 14, 16, 19.01, 19.05, 23, 24, 25, 26,
27, 31.01, 31.05, 38, 40, 41, 42, 44, 45,
46, 47, 48, 49, 50, 51, 52, 54, 60
Palestinian Authority (West Bank and
Gaza)
• 01, 03.01, 03.02, 04.03, 05, 09.01,
09.04, 09.07, 09.09, 10, 11, 13, 14.01,
14.05, 14.07, 14.08, 14.09, 14.10,
14.14, 14.19, 14.21, 14.25, 14.33,
14.35, 14.38, 14.39, 16, 19.09, 22, 23,
24, 25, 26.01, 27, 38, 39, 40.01, 40.04,
40.05, 40.08, 41, 42, 43, 44, 45.03, 46,
47, 48, 49.02, 50, 51, 52, 54, 60.01,
60.02
Philippines, The
• 01, 03, 04.03, 05, 09.01, 09.09, 09.10,
10, 11, 13.02, 13.06, 13.09, 13.10,
13.11, 13.12, 13.13, 14, 16, 19, 23, 25,
26, 27, 31, 39, 40, 41, 42, 43, 44.07,
45, 49, 51.01, 51.02, 51.04, 51.06,
51.07, 51.08, 51.09, 51.10, 51.12,
VerDate Sep<11>2014
16:08 Dec 06, 2024
Jkt 265001
Yemen, Rep.*
• 01, 03, 04, 05, 09, 10, 11, 12, 13, 14,
16, 19, 22, 23, 24, 25, 26, 27, 31, 38,
39, 40, 41, 42, 43, 44, 45, 46, 47, 48,
49, 50, 51, 52, 54, 60
Zambia *
• 01, 03, 04, 05, 09, 10, 11, 12, 13, 14,
16, 19, 22, 23, 24, 25, 26, 27, 31, 38,
39, 40, 41, 42, 43, 44, 45, 46, 47, 48,
49, 50, 51, 52, 54, 60
* All listed skills apply to this
country.
Julie M. Stufft,
Deputy Assistant Secretary, Bureau of
Consular Affairs, Department of State.
[FR Doc. 2024–28718 Filed 12–6–24; 8:45 am]
BILLING CODE 4710–06–P
PO 00000
Frm 00119
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2024–0253]
Mali
• 01, 03, 04, 05, 09, 10, 11, 13, 14, 16,
19, 22, 23, 24, 25, 26, 27, 40, 41, 42,
43, 44, 45, 46, 48, 49, 50, 51, 52, 54,
60
Mozambique
• 01, 03, 04, 05, 09, 10, 11, 12, 13, 14,
16, 19, 22, 23, 24, 25, 26, 27, 31, 38,
39, 40, 41, 42, 43, 44, 45, 46, 47, 48,
49, 50, 51, 52, 60
ddrumheller on DSK120RN23PROD with NOTICES1
51.15, 51.17, 51.19, 51.22, 51.23,
51.24, 51.25, 51.27, 51.31, 51.33,
52.04, 52.06, 52.10, 52.11, 52.13,
52.14, 52.17, 52.20, 54, 60
Fmt 4703
Sfmt 4703
Entry-Level Driver Training; Albert
Farley Jr.; Application for Exemption
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
FMCSA announces that
Albert Farley Jr. has requested an
exemption from the theory and behindthe-wheel (BTW) instructor
requirements contained in the entrylevel driver training (ELDT) regulations
for himself as a prospective training
instructor. Mr. Farley Jr. seeks an
exemption from the requirement that
instructors have at least two years of
driving experience of the same or higher
class and/or the same endorsement level
as the commercial motor vehicle (CMV)
to be operated to satisfy the instructor
requirements under the ELDT
regulations. FMCSA requests public
comment on the applicant’s request for
exemption.
DATES: Comments must be received on
or before January 8, 2025.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System Number FMCSA–
2024–0253 by any of the following
methods:
• Federal eRulemaking Portal:
www.regulations.gov. See the Public
Participation and Request for Comments
section below for further information.
• Mail: Dockets Operations, U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE,
between 9 a.m. and 5 p.m. E.T., Monday
through Friday, except Federal holidays.
• Fax: (202) 493–2251.
Each submission must include the
Agency name and the docket number
(FMCSA–2024–0253) for this notice.
Note that DOT posts all comments
received without change to
www.regulations.gov, including any
personal information included in a
comment. Please see the Privacy Act
heading below.
Docket: If you do not have access to
the internet, you may view the docket
by visiting Docket Operations on the
ground floor of the DOT West Building,
SUMMARY:
E:\FR\FM\09DEN1.SGM
09DEN1
]]>Agencies
[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Notices]
[Pages 97693-97700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28718]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice: 12555]
RIN 1400-AF92
Public Notice of Revised Exchange Visitor Skills List
AGENCY: Department of State.
ACTION: Public notice.
-----------------------------------------------------------------------
SUMMARY: The Department of State (``Department'') is announcing an
update of the Exchange Visitors Skills List (``Skills List''). The
Skills List is a list of countries designated by the Secretary of State
as clearly requiring the services of persons engaged in certain fields
of specialized knowledge or skills. This list is used by the Department
of State and the Department of Homeland Security to determine whether
an individual who has been admitted into the United States as a ``J''
nonimmigrant exchange visitor, or who acquired such status, is subject
to the two-year foreign residence requirement under Section 212(e) of
the Immigration and Nationality Act (``INA''), as amended.
DATES: The Exchange Visitor Skills List is applicable on December 9,
2024.
FOR FURTHER INFORMATION CONTACT: Jami Thompson, Senior Regulatory
Coordinator, Visa Office, Bureau of Consular Affairs, Department of
State; email: [email protected].
SUPPLEMENTARY INFORMATION: INA 212(e) (8 U.S.C. 1182(e)) provides that
certain individuals who have been admitted to the United States as
``J'' nonimmigrant exchange visitors, or who acquired such status in
the United States, are ineligible to apply for an immigrant visa, for
permanent residence, or for certain nonimmigrant visas until they have
resided and been physically present in their country of nationality or
last residence for an aggregate of at least two years following
departure from the United States. More specifically, under INA 212(e)
(8 U.S.C. 1182(e)), this requirement attaches to J nonimmigrants who,
among other criteria, are a national or resident of a country that the
Secretary of State, pursuant to Department regulations, has designated
as clearly requiring the services of persons engaged in the field of
specialized knowledge or skill in which the individual was engaged.
Department regulations at 22 CFR 41.62(c) implement the Secretary's
designation authority under this provision, providing that an exchange
visitor is subject to the two-year foreign residence requirement if
they are a national or legal permanent resident of a ``country which
the Secretary of State has designated, through publication by public
notice in the Federal Register, as clearly requiring the services of
persons engaged in the field of specialized knowledge or skill'' during
their exchange visitor program. The Department also implements INA
212(e), 8 U.S.C. 1182(e) through regulations at 22 CFR 41.63 and 22 CFR
40.202.
Pursuant to the provisions of INA 212(e), 8 U.S.C. 1182(e), 22 CFR
41.62, and 22 CFR 41.63, the Department is announcing a revised Skills
List. The Department has periodically updated the Skills List since the
initial publication of the Skills List on April 25, 1972. New lists
were published on February 10, 1978, June 12, 1984, January 16, 1997,
and April 30, 2009. This revised Skills List supersedes the most recent
Skills List published in 2009. Accordingly, J nonimmigrant exchange
visitors who were subject to the two-year foreign residence requirement
at the time of their admission or acquisition of J status based on
designations in a previously published Skills List will no longer be
subject to that requirement if their country is not designated in this
revised
[[Page 97694]]
list. This Skills List was developed by the Bureau of Consular Affairs
Visa Office in collaboration with the State Department's Office of the
Chief Economist and the Bureau of Educational and Cultural Affairs.
The Department is updating the countries included on the Skills
List based on criteria that is data driven, transparent, and consistent
with U.S. goals for the development of foreign countries. The
Department is not updating skills in this revision--for countries
present on this revised Skills List, the skills listed remain the same
as in the 2009 Skills List. The Skills List below accounts for overall
economic development (as measured by per capita Gross Domestic Product
(GDP)), country size, and overall outbound migration rate.\1\
---------------------------------------------------------------------------
\1\ All data taken from the World Bank Group Data (https://data.worldbank.org/).
---------------------------------------------------------------------------
If a country has per capita GDP that is less than $7,500
\2\ in 2023 dollars (calculated using the purchasing power parity (PPP)
exchange rate), the Department presumes it would benefit from its
nationals or residents possessing the specialized knowledge or skills
designated on the Skills List.
---------------------------------------------------------------------------
\2\ $7500 in 2023 dollars is approximately 50% of global median
income or about the 33 percentile of income distribution, which
covers about \1/3\ of all countries with lowest human development
indicator measure.
---------------------------------------------------------------------------
If a country is at or above the $ 7,500 GDP threshold, but
below the median per capita GDP ($15,000 in 2023 dollars), and
determined to be small, which makes it more difficult to develop
internal hubs of specialized knowledge or skills, the Department
presumes that country would benefit from its nationals or residents
possessing the specialized knowledge or skills designated on the Skills
List.
If a country is at or above the $7,500 GDP threshold, but
below the median per capita GDP ($15,000 in 2023 dollars), and has
experienced a significant balance of outbound migration, which is
likely to have resulted in the loss of talent and skills over the
preceding decade, the Department presumes that country would benefit
from its nationals or residents possessing the specialized knowledge or
skills designated on the Skills List.
The Department has chosen these indicators and thresholds as an
objective, measurable proxy for a country's standard of living and
development and is closely linked to the accumulation of human capital
within a given country. These criteria are meant to ensure countries
with low levels of development as well as those countries with higher
levels of development that have other extenuating circumstances that
stymie the development of a skilled workforce will remain on the Skills
List to support the development of that country.
The Department has chosen these criteria to assist its
determination that the listed countries clearly require the services of
persons engaged in designated fields of specialized knowledge or
skills, because these well-established measures of a country's standard
of living are informative of whether the country in fact clearly
requires the relevant knowledge or skill, as opposed to the country
only benefiting from or otherwise not requiring additional expertise in
the relevant fields.
The Department intends to review the Skills List every three years
and will publish updates as appropriate.
Exchange Visitors who seek a definitive determination from the
Department of whether the two-year foreign residence requirement
applies to them may request an Advisory Opinion from the Waiver Review
Division. Information on this process is available on our website at
travel.state.gov.
This Notice is exempt from notice and comment as it involves a
foreign affairs function of the United States. 5 U.S.C. 553(a)(1).).
The Department has invoked the foreign affairs exemption from
Administrative Procedure Act (APA) requirements for numerous rules
involving the Exchange Visitor Program going back to 1949, including
several rules specifically relating to the two-year foreign residence
requirement.\3\
---------------------------------------------------------------------------
\3\ See, e.g., 14 FR 4591 (July 22, 1949), 21 FR 6270 (Aug. 21,
1956), 37 FR 7156 (Apr. 11, 1972), 37 FR 17470 (Aug. 29, 1972), 38
FR 20319 (July 31, 1973), 72 FR 10060 (Mar. 7, 2007).
---------------------------------------------------------------------------
Under 5 U.S.C. 553(a)(1), notice-and-comment requirements of the
APA do not apply ``to the extent there is involved . . . a military or
foreign affairs function of the United States.'' This exemption applies
when the rule in question ``is clearly and directly involved in a
foreign affairs function.'' \4\ In addition, although the text of the
APA does not require an agency invoking this exemption to show that
such procedures may result in ``definitely undesirable international
consequences,'' some courts have required such a showing.\5\ Both
standards are satisfied here.
---------------------------------------------------------------------------
\4\ Mast Indus. v. Regan, 596 F. Supp. 1567, 1582 (Ct. Int'l
Trade 1984) (quotation marks omitted).
\5\ E.g., Yassini v. Crosland, 618 F.2d 1356, 1360 n.4 (9th Cir.
1980).
---------------------------------------------------------------------------
In designating countries and skills on the Skills List, the
Secretary is carrying out authority vested by Congress to assess the
needs of foreign countries. As this relates to the Exchange Visitor
Program, a key diplomacy tool, the Secretary's designations of
countries on the list directly involves a foreign affairs function as
the designations are a vehicle to advancing U.S. foreign policy
objectives in countries whose nationals and residents participate in
exchange visitor programs. The Exchange Visitor Program's nexus to
foreign affairs is reflected in the purpose of the United States
Information and Educational Exchange Act of 1948 to ``promote the
better understanding of the United States among the peoples of the
world and to strengthen cooperative international relations,'' \6\ and
the Secretary's discretionary designation of countries as ``clearly
requiring'' certain fields of knowledge or skills by nature reflects a
quintessential foreign affairs function. The Mutual Educational and
Cultural Exchange Act of 1961 (also known as the Fulbright-Hays Act),
provides further evidence of the foreign affairs function served by the
Exchange Visitor Program.
---------------------------------------------------------------------------
\6\ Public Law 80-402 (1948).
---------------------------------------------------------------------------
``The purpose of this [Act] is to enable the Government of the
United States to increase mutual understanding between the people of
the United States and the people of other countries by means of
educational and cultural exchange; to strengthen the ties which unite
us with other nations by demonstrating the educational and cultural
interests, developments, and achievements of the people of the United
States and other nations, and the contributions being made toward a
peaceful and more fruitful life for people throughout the world; to
promote international cooperation for educational and cultural
advancement; and thus to assist in the development of friendly,
sympathetic, and peaceful relations between the United States and the
other countries of the world.'' 22 U.S.C. 2451.
The revised Exchange Visitors Skills List clearly and directly
involves a foreign affairs function given the nature of the Secretary's
express authority to designate countries under INA section 212(e), 8
U.S.C. 1182(e). Even more generally, courts have acknowledged that
``[t]he exchange visitor program--with its statutory mandate for
international interaction through nonimmigrants--certainly relates to
the foreign affairs and diplomatic duties conferred upon the Secretary
of State and the State Department.'' Raoof v. Sullivan, 315 F. Supp. 3d
34, 44 (D.D.C. 2018).
Further, requiring the Department to subject this list of
designations to the
[[Page 97695]]
APA's notice and comment requirements would result in ``definitely
undesirable international consequences.'' The foreign relations
considerations of opening this list of designations to public comment,
including comment from foreign governments whose policies are directly
affected by this list and requiring the Department to respond publicly
to questions regarding the balancing of foreign policy and other
national interests, would have definitely undesirable international
consequences.\7\ For example, if a foreign country expresses
dissatisfaction with the Skills List designations, requiring the
Department to air this disagreement in a public forum could have larger
implications for foreign relations between the United States and that
other country.
---------------------------------------------------------------------------
\7\ Yassini v. Crosland, 618 F.2d 1356, 1360 n.4 (9th Cir.
1980).
---------------------------------------------------------------------------
The 2024 Exchange Visitor Skills List reads as follows:
(01) Agriculture, Agriculture Operations, and Related Sciences
(01.00)
Agriculture, General
(01.01)
Agricultural Business and Management
Production Operations and Mechanization
(01.06)
Applied Horticulture/Horticulture
(01.09)
Animal Sciences
Agricultural Animal Breeding
Animal Health and Nutrition
Dairy Science
Livestock Management
Poultry Science
(01.10)
Food Science
(01.11)
Plant Sciences
Crop Science
Horticulture Science
Agricultural and Horticultural Plant Breeding
Pest Management
Range Science
(01.12)
Soil Science and Agronomy
(03) Natural Resources and Conservation
(03.01)
Natural Resources Conservation and Research
Environmental Science
Wildlife Studies
Wildlands Studies
Environmental Protection
(03.02)
Natural Resources Management and Policy
(03.03)
Fishing and Fisheries Sciences
Fishing and Fisheries Management
(03.05)
Forestry
(04) Architecture and Related Services
(04.02)
Architecture
Environmental Design
Interior Design
Landscape Design
Architectural History
Architectural Technology
(04.03)
City/Urban Planning
Community and Regional Planning
Architectural Urban Design
(05) Area, Ethnic, Cultural, and Gender Studies
--
(09) Communication, Journalism, and Related Programs
(09.01)
Communication and Media Studies
(09.04)
Journalism
Broadcast Journalism
Photojournalism
On-Line/Web page News
(09.07)
Telecommunication
Radio Communication
Television Communication
Digital Communication
Media/Multimedia
(09.09)
Public Relations
Advertising
Applied Communication
(09.10)
Publishing
(10) Communications Technologies, Technicians and Support Services
(10.01)
Communications Technology/Technicians
(10.02)
Audiovisual Communications Technologies/Technicians
Photographic and Film/Video Technology
Radio and Television Broadcasting
Recording Arts
(10.03)
Graphic Communications
Printing Management
Prepress/Desktop Publishing and Digital Imaging Design
Animation
Interactive Technology
Video Graphics and Special Effects
Graphic and Printing Equipment Operator
Printing Press Operator
Computer Typography
Composition Equipment Operator
(11) Computer and Information Sciences and Support Services
(11.01)
Computer and Information Sciences, General
Web page Design
Database Administration
Cybernetics
Artificial Intelligence
Robotics
Information Technology
(11.02)
Computer Programming
(11.03)
Data Processing
(11.04)
Information Science/Studies
(11.05)
Computer Systems Analysis
(11.06)
Data Entry
Microcomputer Applications
Word Processing
(11.07)
Computer Science
Systems Engineering
(11.10)
Computer/Information Technology Administration
Computer/Information Technology Management
(12) Personal and Culinary Services
(12.03)
Funeral & Mortuary Service
(12.05)
Cooking, Culinary Arts and Related Services
Baking and Pastry Arts
Bartending
Culinary Arts/Chef Training
Restaurant Management
[[Page 97696]]
Culinary and Catering Management
Food Preparation/Professional Cooking
Meat Cutting
Food Service
Institutional Food Workers
(13) Education
(13.01)
Education, General
Educational Administration
(13.02)
Bilingual, Multilingual, and Multicultural
(13.03)
Curriculum and Instruction
Media Design
(13.06)
Educational Assessment, Evaluation, and Research
(13.09)
Social and Philosophical Foundations of Education
(13.10)
Special Education and Teaching
(13.11)
Student Counseling and Personnel Services
(13.12)
Teacher Education and Professional Development, Specific Levels and
Methods, including, but not limited to:
Adult and Continuing Education
Early Childhood
Elementary
Middle School and Secondary Education
Montessori Teacher Education
Waldorf/Steiner Teacher Education
(13.13)
Teacher Education and Professional Development, Specific Subject
Areas, including, but not limited to:
Agriculture
Art
Business
Computers
Drama
Driver Safety
English
Foreign Languages
Geography
Health
History
Home Economics
Industrial Arts
Sales and Marketing
Math
Music
Physical Education
Psychology
Reading
Science
Social Studies
Speech
(14) Engineering
(14.01)
Engineering, General
(14.02)
Aerospace, Aeronautical and Astronautical Engineering
(14.03)
Agricultural/Biological Engineering and Bioengineering
(14.05)
Biomedical/Medical Engineering
(14.07)
Chemical Engineering
(14.08)
Civil Engineering
Geotechnical Engineering
Structural Engineering
Water Resources
Transportation and Highway Engineering
(14.09)
Computer Hardware and Software Engineering
(14.10)
Electrical, Electronics and Communications Engineering
Radio Engineering
(14.14)
Environmental Engineering
Pollution Control
Waste and Hazardous Material Disposal
(14.18)
Materials Engineering
(14.19)
Mechanical Engineering
(14.20)
Metallurgical Engineering
(14.21)
Mining and Mineral Engineering
(14.22)
Naval Architecture and Marine Engineering
(14.23)
Nuclear Engineering
(14.24)
Ocean Engineering
(14.25)
Energy Engineering & Tech.
Petroleum and Natural Gas
(14.33)
Construction Engineering
(14.35)
Industrial/Manufacturing Engineering
(14.38)
Surveying Engineering
(14.39)
Geological/Geophysical Engineering
(16) Foreign Languages, Literatures, and Linguistics
Including:
Foreign Languages and Literatures
Linguistics
Language Interpretation and Translation
Comparative Literature
Language
Literature and Linguistics for all Languages in the world
including various forms and study of sign language
(19) Family and Consumer Sciences/Human Sciences
(19.01)
Family and Consumer Sciences, General
Human Sciences, General (formerly, Home Economics)
(19.05)
Foods, Nutrition, and Related Services
(19.09)
Apparel and Textiles
Textile Manufacturing
Textile Science
Apparel and Textile Marketing Management
Fashion and Fabric Consulting
(22) Legal Professions and Studies
Including:
Law
Legal Research
Judicature
All branches and specialties in the practice of law
(23) English Language and Literature/Letters
Including:
English Literature
Composition
Various types of English Writing
(24) Liberal Arts and Sciences, General Studies and Humanities
--
[[Page 97697]]
(25) Library Science
(26) Biological and Biomedical Sciences
(26.01)
Biology
(26.03)
Botany/Plant Biology
(26.04)
Anatomical Sciences
Anatomy
(26.05)
Microbiological Sciences and Immunology
(26.07)
Zoology/Animal Biology
(26.08)
Genetics, all types, including:
Animal
Plant
Molecular
Microbial and Eukaryotic
Human
Genetic Engineering
Biomathematics
Bioinformatics
(26.12)
Biotechnology
(26.13)
Ecology, Population Biology
(27) Mathematics and Statistics
--
(31) Parks, Recreation, Leisure, and Fitness Studies
(31.01)
Parks, Recreation and Leisure Studies
(31.05)
Health and Physical Education/Fitness
(36.0101)
Camp Counselor
(38) Philosophy and Religious Studies
--
(39) Theology and Religious Vocations
--
(40) Physical Sciences
(40.01)
Physical Sciences
(40.02)
Astronomy
Astrophysics
Planetary Astronomy and Science
Space Technology
(40.04)
Atmospheric Sciences and Meteorology
(40.05)
Chemistry
(40.06)
Geological and Earth Sciences
Geosciences
Oceanography
Hydrology
(40.08)
Physics
(41) Science Technologies/Technicians
--
(42) Psychology
Including, but not limited to:
Psychometrics
Psychobiology
(43) Security and Protective Services
Including:
Law Enforcement
Fire Protection
Corrections
(44) Public Administration and Social Service Professions
(44.04)
Public Administration
City Planning
Urban Planning
Urban Transportation
(44.07)
Social Work
Youth Services
Welfare
Probation
(45) Social Sciences
(45.02)
Anthropology
Physical Anthropology
(45.03)
Archeology
(45.04)
Criminology
(45.05)
Demography and Population Studies
(45.06)
Economics
(45.07)
Geography
Cartography
(45.09)
International Relations and Affairs
(45.10)
Political Science and Government
(45.11)
Sociology
(45.99)
Social Sciences, Other
(46) Construction Trades
--
(47) Mechanic and Repair Technologies/Technicians
--
(48) Precision Production
(48.00)
Precision Production Trades
Metal Working
Woodworking
Drafting
(49) Transportation and Materials Moving
(49.01)
Air Transportation, including:
Aeronautics/Aviation/Aerospace Science and Technology, General
Airline/Commercial/Professional Pilot and Flight Crew
Aviation/Airway Management and Operations
Air Traffic Controller
Flight Instructor
(49.02)
Ground Transportation, including:
