FR 2024-28718

The document announces an update to the Exchange Visitors Skills List by the Department of State. This Skills List is crucial for determining whether individuals who come to the U.S. on a "J" nonimmigrant exchange visa are required to spend two years in their home country before being eligible for other U.S. visas. This requirement ensures that the skills acquired in the United States are utilized in the visitors' home countries, enhancing their development.

General Summary

The updated Skills List identifies countries that have a pressing need for individuals with certain specialized skills. This list is used by U.S. authorities to decide which exchange visitors are subject to the "two-year return home" rule under the Immigration and Nationality Act. This revision is significant as it replaces the previous 2009 version and incorporates contemporary economic indicators such as GDP and migration rates. This update is aligned with the U.S.'s broader foreign policy goals, aiming to strengthen international relations through skill-sharing.

Significant Issues and Concerns

Several issues emerge from the document's content. Firstly, while it explains the methodology behind updating the Skills List, it does not clearly outline which countries are directly affected by these changes. This lack of specificity can make it challenging for stakeholders to understand the full impact of the revisions.

The criteria used for selecting countries, such as GDP thresholds and outbound migration rates, are discussed, but the document lacks detailed justification for why these specific metrics were chosen. This might cause some readers to question the transparency and robustness of the criteria.

Furthermore, the document's length and its detailed listing of skills may overwhelm readers. Although comprehensive, the text might benefit from summaries or highlights to aid understanding, particularly for those not versed in technical or immigration-related terminology.

The document also employs a foreign affairs exemption to bypass the usual public consultation process, citing potential negative international consequences. However, the reasoning behind this exemption is not thoroughly articulated, which may be perceived as a lack of sufficient justification for omitting public discourse.

Broad Public Impact

For the general public, particularly those involved or interested in international exchange programs, this document marks a substantial update. The revised Skills List influences who can qualify for U.S. visas via exchange programs, and adherence to the two-year return rule aims to support global talent distribution and development in less developed countries.

Impact on Specific Stakeholders

For countries designated on the Skills List, this update can be beneficial as it supports the return of skilled individuals to their home countries, fostering human capital and economic development. These countries might see an influx of exchange visitors returning with new skills, potentially aiding local industries and sectors outlined in the list.

Conversely, for prospective exchange visitors from countries newly added to the list, this could pose a restriction, complicating their ability to remain in the U.S. post-study or program completion. Educational institutions and organizations that host these exchange visitors might also see shifts in enrollment patterns based on these regulatory changes.

Overall, while the document endeavors to contribute positively to international skill development and U.S. foreign policy, its lack of detailed rationale and transparency in some areas may raise concerns among those it directly impacts.

The document under consideration is a public notice by the Department of State announcing a revision of the Exchange Visitor Skills List. The main financial aspect highlighted in this document relates to the use of Gross Domestic Product (GDP) metrics as part of the criteria for determining countries included on this list.

Use of GDP as a Selection Criterion

In this context, GDP is used as a benchmark to assess a country's economic development and its need for specialized skills. Specifically, countries with a per capita GDP of less than $7,500 in 2023 dollars are presumed to benefit from their nationals acquiring specialized knowledge listed in the Skills List. This figure, calculated using the purchasing power parity (PPP) exchange rate, represents about 50% of the global median income or the 33rd percentile of income distribution. The purpose of this threshold is to identify countries with lower levels of economic development to benefit those countries' human capital through specialized skills acquisition.

Contextualizing GDP Thresholds

The selection criteria further consider countries with a per capita GDP at or above $7,500 but below the median of $15,000. For these countries, two additional factors are considered: the small size of the country, which makes it challenging to develop internal hubs of specialized skills, or a history of significant outbound migration, which may lead to a loss of needed talent. These economic indicators aim to ensure that countries needing specialized skills due to economic constraints or talent shortages are included.

Issues Related to Financial References

While the document provides specific GDP thresholds for including countries, it does not detail how these economic figures are applied to revise the Skills List. This lack of specificity could lead to ambiguities about what changes were made compared to previous lists. Additionally, the document does not expand on the broader context or justification for selecting these particular GDP thresholds as viable measures of a country’s need for skills development.

In summary, financial references in this document revolve around GDP metrics utilized as a proxy to determine a country's eligibility for inclusion on the Skills List. These criteria aim to support U.S. foreign policy objectives by guiding the two-year foreign residence requirement for J nonimmigrant exchange visitors based on economic benchmarks. However, the method's transparency could be improved by offering further context and justification for the selected financial measures.