Q Visas Cultural Exchange Program

OVERVIEW

A citizen of a foreign country, who wishes to enter the United States, generally must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. The type of visa you must have is defined by immigration law, and relates to the purpose of your travel.

DEFINITION

Participants in an international cultural exchange program designed to provide practical training, employment and sharing of the participant's native culture, require the non-immigrant Q visa.
The training/employment must be approved in advance by the United States Citizenship and Immigration Services (USCIS) in the United States on the basis of a petition 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.

ELIGIBILITY

Before a petition may be filed 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.


MAXIMUM PERIOD OF ADMISSION

A Q visa petition is approved for the length of the program, or for fifteen months, whichever is shorter. 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.

DEPENDENTS

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 visa.



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