The handover of Hong Kong to China will not have a bearing on J-1 visa holders from Hong Kong insofar as the applicability of the two year J-1 home residency requirement is concerned. The issue of concern is whether Hong Kong nationals are now going to be subject to the Exchange Visitor Skills list of the People’e Republic of China such that the J-1 two year home residency requirement would apply. Fortunately, the USIA has held that it will not. Under the United State-Hong Kong Policy Act of 1992 (22 USC 5701 et seq.), the US will recognize Hong Kong Special Administrative Region passports and distinguish them from Mainland China passports. According to the USIA, since Hong Kong has no skills list, Hong Kong exchange visitors would not be subject to the two year home residence requirement on that basis. If another basis for the home residence requirement applies, then they would be expected to return to Hong Kong to satisfy the requirement. Exchange visitors from Mainland China would be expected to continue to fulfill their home residency requirements in the Mainland.
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