VISA SPOTLIGHT – Q VISAS FOR INTERNATIONAL CULTURAL EXCHANGE VISITORS

One of the lesser-known types of nonimmigrant visas is the Q visa.  This visa was created by the Immigration Act of 1990 and allows for the admission of “international cultural exchange visitors.”  There is no annual numerical limit on Q visas, perhaps because the situations that call for the use of a Q visa are very limited.

The purpose of the Q visa is to facilitate the sharing of international cultures.  Only employers who administer cultural exchange programs are allowed to petition for Q nonimmigrants.  The Attorney General must certify that the employer’s program qualifies, but this is not an additional step as the Attorney General makes this determination at the same time the Q petition is submitted. 

For the Attorney General to approve the program, it must meet the following requirements.  First, the program must be accessible to the US public.  For example, if the program were to occur in a private home or business, it would not qualify.  Most programs that occur within a school, museum or similar environment will qualify.  The exchange program must have a cultural element as an integral part of the Q visa holder’s duties in the US.  This part of the program should be designed to exhibit or explain the customs, heritage and traditions of the visitor’s country of nationality.  Finally, the visitor’s employment in the US must be the vehicle by which the visitor shares his culture. 

Qualifying to be the beneficiary of a Q visa is quite easy.  One need only be at least 18 years of age, qualified to perform the services to be rendered, and able to communicate the culture of one’s country to the people of the US.  This generally translates into an English language requirement, however, there is no such requirement for those whose cultural exchanges are nonverbal, such as dance.

Employer qualifications are more detailed, but are still easy to meet.  The employer must demonstrate that it maintains an international cultural exchange program.  There must be a designated employee who is responsible to administering the program, who will also serve as the liaison with the INS.  The employer must be actively conducting business in the US.  Finally, the employer must offer the Q visa holder wages and work conditions comparable to US workers performing similar tasks in the same geographical region, and demonstrate that it has the financial ability to pay the nonimmigrant. 

The length of the stay allowed in the US on a Q visa is limited by the duration of the cultural exchange program, with a maximum stay of 15 months. 

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