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Frequently Asked Questions

The "Q" visa category is for applicants visiting the United States to participate in international cultural exchange programs designated by the Attorney General for the purpose of providing practical training, employment, and sharing of the history, culture, and traditions of the visitor's country.

Similar to the J visa, the Q visa is oriented towards 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 residence abroad which he/she does not intend to abandon
• Be at least 18 years old
• Be qualified to perform the service or labor or receive the type of training specified in the petition
• Have the ability and English language skills to communicate effectively about the culture of his/her country to the American public
• Have been outside the U.S. for the immediately preceding year, if previously admitted as a Q nonimmigrant

The applicant's employer must:

• Have maintained an established cultural exchange program which is intended to enhance recognition by the American public of unique aspects of the alien's home country
• Have been designated a qualified employee for administering the program and serving as liaison with the U.S. Citizenship and Immigration Services (USCIS)
• Have been doing business in the United States for the past two years
• Have offered the alien wages and working conditions comparable to those accorded domestic workers similarly employed
• Employ at least ten full-time U.S. workers
• Have the financial ability to pay the participants
• Is in compliance with the Immigration Service employer sanctions regulations
• 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, it will be reviewed to determine if the petition complies with U.S. law. Once approved, the employer or agent is sent a Notice of Action, Form I-797, the notification of petition approval. An I-797 approval notice is not a visa. You must receive a visa at a U.S. Embassy or Consulate to enter the U.S.

Note: The USCIS offers a Premium Processing Service which expedites the processing of a nonimmigrant visa petition. For more information, see here.

Visas for family members: Under the Q program, spouses and children under the age of 21 receive no derivative status.

Application Procedures: For information on applying for this visa, please see the application checklist.

NOTE: As of January 2008, DHS requires electronic confirmation of I-129 petitions for the issuance of worker visas. Petition approval is now verified in the Department of State's system called Petition Information Management Service (PIMS). During your interview, the consular officer will use the receipt number of your I-797 approval notice to verify petition approval, so please make sure you bring the I-797 to the interview.
Please note that a visa will not be issued before this electronic confirmation is completed. If your petition information can not be confirmed on the PIMS system at the time of your interview, it may take approximately 14 days from the interview for you to receive your visa, provided you are found otherwise eligible for the visa. Please apply for your visa well in advance of your travel date, and do not purchase plane tickets until you have received your visa.

Due to new security regulations, some applications may require 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 to inquire about the status of their application. Visa applicants should never assume their application will be automatically approved.