NON-IMMIGRANT CATEGORIES

Similar to the J visa, the Q visa is oriented more toward employment programs. The maximum validity of a Q petition is 15 months from the date of approval. The applicant's stay in the United States may be extended by the Immigration Service, but may not exceed 15 months.

To be eligible for a Q visa, the applicant must show that:

• he has a residence abroad which he does not intend to abandon;
• he is at least 18 years old;
• he is qualified to perform the service or labor or receive the type of training specified in the petition;
• he has the ability and English language skills to communicate effectively about the culture of his country to the American public; and
• he has been outside the U.S. for the immediate prior year, if previously admitted as a Q nonimmigrant.

The applicant's employer must also show that he:

• maintains an established cultural exchange program which is intended to enhance the recognition by the American public of unique aspects of the alien's home country;
• has designated a qualified employee for administering the program and serving as liaison with the U.S. Citizenship and Immigration Services (USCIS);
• has been doing business in the United States for the past two years;
• will offer the alien wages and working conditions comparable to those accorded domestic workers similarly employed;
• employs at least ten full-time U.S. workers;
• has the financial ability to pay the participants;
• is in compliance with the Immigration Service employer sanctions regulations; and
• is not using the cultural exchange program as a means to circumvent other immigration procedures.

The employer must also show that the cultural component of this program is an essential and integral part of the service performed or the training received by the foreign participant.

Filing an I-129 Petition with USCIS:

Entitlement to Q status may be obtained through filing an I-129 petition with the USCIS. The same I-129 is also used by the employer first to seek USCIS designation of the exchange program and then to gain admission of prospective foreign employees. Petitions may include multiple beneficiaries only if all the beneficiaries are performing the same type of service or receiving the same type of training. The qualified employer may replace or substitute a participant named on an approved petition by submitting a letter and copy of the approval notice to the consular office at which the alien will apply for the visa.

Form I-129 may be obtained from the USCIS in the United States. Please complete the I-129 and send it to one of the USCIS Regional Service Centers listed on the form.

After the USCIS receives your completed I-129, they will take two to eight weeks to process it. If approved, the USCIS will mail the approved petition to the Embassy, and will also send telegraphic notification of the approval to the Embassy at the petitioner's expense. In addition, the USCIS will mail to the petitioner and beneficiary a notification of approval. This notification is on Form I-797. An I-797 approval notice is not a visa. You must obtain a visa at a U.S. Embassy or Consulate to enter the U.S.

Application Procedures: For information on the documents required to apply for a international cultural exchange visa, pleas see our application checklist.

Please note that because of new security regulations, some applications may require an additional clearance and longer processing. Since the application process cannot be accelerated, please apply well in advance of your travel date, and do not purchase plane tickets until you have received your visa. Applicants should refrain from calling the Embassy merely to inquire about the status of their application. Visa applicants should never assume their application would be automatically approved.

Visas for family members:

Please note that under the Q program, spouses and children under the age of 21 receive no derivative status.