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Q Visas for Cultural Exchange and Temporary Work

Compassionate Legal Guidance for Families and Individuals in Camp Hill, Harrisburg, York, and Beyond

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Q visas are intended for nonimmigrants who plan to work in an international cultural exchange program designated by the Department of Homeland Security.  The cultural aspect, rather than the mere employment, of a Q visa holder’s job must be an “essential and integral” part of their duties. Our family immigration attorneys provide guidance on how to apply for Q visas under U.S. cultural-exchange programs to help you navigate this temporary work pathway.

Eligibility Criteria for Q Visas and Cultural Exchange Programs

An individual must meet the following requirements to be eligible for a Q visa:

  1. Be at least 18 years of age
  2. Qualified to perform the service, labor, or training required by their intended job
  3. Be able to communicate effectively about their country’s culture with the American public

Employers petition for Q visas for their prospective international employees. An employer must meet the following requirements to be eligible to petition for Q visas for the prospective employees:

  1. They must provide evidence demonstrating that they run an established international cultural exchange program
  2. They must provide evidence demonstrating 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
  3. They must have designated a qualified employee to administer the program and serve as liaison with USCIS
  4. They must be actively engaged in business in the United States
  5. They must offer the non-immigrant employee wages and working conditions that are comparable to those provided to local workers who are employed in similar positions
  6. They must have the financial capacity to pay the non-immigrant employees participating in their cultural exchange program, as shown by a copy of the employer’s most recent annual report, business income tax return, or other certified accountant’s report.

Q visas are granted for up to fifteen (15) months. When the period of stay has elapsed, the Q visa holder must depart the United States within thirty (30) days and remain outside the United States for at least one (1) year before applying for another Q visa.  The Q visa category does not provide for derivative visas for spouses or children, so if a Q visa holder wishes to have their spouse and/or child(ren) accompany them, their spouse and/or child(ren) will need to qualify for their own visa(s) under a different visa status.

If you are interested in learning more about Q visas, contact us online or call 717-731-8114 to schedule a consultation with one of our attorneys.