PolicyILW · 3 min read

Visa Bulletin July 2026 EB-3 Vietnam: DOS Updates Exchange Visitors Skills List

The Department of State has updated the Exchange Visitors Skills List, which determines the two-year home residency requirement for J-1 visa holders from designated countries, potentially impacting EB-3 applicants.

· Source: ILW
The Department of State has issued an update to the Exchange Visitors Skills List, a regulatory document that designates skills considered necessary for the development of a J-1 exchange visitor's home country. Citizens from listed countries who hold J-1 visas may be subject to the two-year home residency requirement (INA 212(e)) before they can change status or obtain certain immigrant and nonimmigrant visas, including green cards. For EB-3 applicants, particularly those from countries like Vietnam that appear on the Skills List, this update is significant. Individuals who entered the U.S. on a J-1 exchange visitor visa and whose field of expertise is listed may face an additional legal hurdle before their EB-3 petition can proceed to immigrant visa issuance or adjustment of status. Applicants subject to the two-year home residency requirement have several options: physically returning to their home country for two years, obtaining a waiver through the No Objection Statement route, the Interested Government Agency (IGA) route, or the hardship or persecution waiver. Each pathway has different eligibility criteria and processing timelines. Immigration practitioners should review the updated Skills List carefully to assess how country-specific changes may affect pending or prospective EB-3 cases involving J-1 alumni. Clients should be advised to check whether their specific occupational category and country of nationality trigger the 212(e) bar under the revised list. This update underscores the importance of a full immigration history review for any EB-3 applicant who previously held J-1 status, as an undiscovered 212(e) requirement can cause significant delays or denials at the consular or USCIS adjudication stage.

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