NON-IMMIGRANT VISAS

Cultural Exchange

Participants in certain international cultural exchange program designed to provide practical training, employment and sharing of the participant’s native culture, require classification Q visas. The training/employment must be approved in advance by the office of the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS) in the United States on the basis of a petition, form I-129Q, filed by the U.S. sponsor. A new petition must be filed each time a qualified employer wants to bring additional persons into the United States in Q status.

HOW DO I GET A PETITION?

To file a petition with the USCIS, the following criteria must be met:

• The cultural exchange program
   

  • The culture-sharing must take place in a school, museum, business or other establishment where the public is exposed to aspects of a foreign culture as part of a structured program;

  • The cultural component must be an essential and integral part of the participant’s employment and training, and must be designed to exhibit the attitude, customs, history, heritage, philosophy and/or tradition of the alien’s country of nationality; and

  • The alien’s employment and training may not be independent of the cultural component.
     

• The organization
   

  • Must demonstrate that it has the ability to conduct a responsible international cultural exchange program and has the financial ability to remunerate the participant and offer him/her wages and working conditions comparable to those accorded local domestic workers similarly employed.
     

• The applicant
   

  • Must be at least 18 years of age, qualified to perform the stated service or labor or receive the specified type of training and have the ability to communicate effectively about his/her culture.
    

A Q visa petition is approved for the length of the program, up to a maximum of fifteen months. The holder of a Q visa who has spent fifteen months in the United States may not be issued a visa or be readmitted under the Q visa classification unless he/she has resided and been physically present outside the United States for one year.

WHAT HAPPENS ONCE THE PETITION HAS BEEN APPROVED BY THE USCIS?

Once a Q petition has been approved in your name you need to apply for a visa before traveling to the United States. The Notice of Action, form I-797A or I-797B, is not valid for travel unless accompanied by the appropriate visa. Read more...

SPOUSES, CHILDREN & PARTNERS

There is no derivative visa category for spouses and children of the beneficiary of a Q petition. Spouses and/or children who wish to accompany the Q visa holder to the United States for the duration of the program are required to qualify for visas in their own right. If they wish to work, they require work visas; if they wish to study, student visas. Those who have no intention of working or studying may apply for tourist (B-2) visas. If the spouse and/or child will not apply for visas at the same time as the principal applicant, they will be required to furnish a copy of the principal applicant's visa with their application.

Partners and common-law spouses should follow this link for further information.

REMINDER

No assurances regarding the issuance of visas can be can be given in advance. Therefore, final travel plans or the purchase of nonrefundable tickets should not be made until a visa has been issued.

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For additional information for all Foreign Visitors:
• http://travel.state.gov.
• Visa wait time information page
• Department of Homeland Security
• Internal Revenue Service
• U.S. Customs Service