Q Cultural Exchange

Only qualified employers who administer cultural exchange programs, or designated agents they employ on a permanent basis in an executive or managerial capacity, are allowed to petition for Q nonimmigrants. The purpose of the Q nonimmigrant visa classification is to facilitate the sharing of international cultures. It is an employment-oriented program, but a cultural element must be an essential and integral part of your duties. You must be:

• At least 18 years old;
• Qualified to perform the service, labor or training; and
• Able to communicate effectively about the cultural attributes of your country to the American public.

The qualified employer, or a designated agent it employs on a permanent basis in an executive or managerial capacity, must file Form I-129, Petition for a Nonimmigrant Worker, with the USCIS office specified in the form instructions. In addition, along with the position description, the employer must submit evidence that it maintains an established international cultural exchange program. It may demonstrate this by submitting copies of brochures, curriculum, or other types of material that illustrate that the program’s cultural component is designed, on the whole, to exhibit or explain the attitude, customs, history, heritage, philosophy, traditions, and/or other cultural attributes (arts, literature, language) of the participant’s country of nationality. The employer must also submit evidence that the program activities take place in a school, museum, business or other establishment where the American public, or a segment of the public sharing a common cultural interest, is exposed to aspects of a foreign culture as part of a structured program.

In addition, the employer must establish that it:

• Has designated a qualified employee to administer the program and serve as liaison with USCIS;
• Is actively doing business in the United States;
• Will offer the alien wages and working conditions comparable to those accorded local workers similarly employed; and
• Has the financial ability to compensate the participant(s), as shown by a copy of the employer's most recent annual report, business income tax return or other form of certified accountant's report.

Once the visa petition is approved, you can apply for a visa (if required) at a U.S. embassy or consulate. For more information on visa application processing and issuance fees, see the “Department of State, travel.state.gov” page.

After you complete your Q cultural exchange program, you are afforded 30 days to depart the United States. You are required to spend 1 year outside the United States before you can apply for participation in an Q cultural exchange program again.

The Q nonimmigrant classification does not have a provision for any spouse or children to accompany or follow to join a Q-1 nonimmigrant. Therefore, any spouse or children wishing to enter the United States must qualify independently for a nonimmigrant classification.