What Is a Cultural Exchange Visitor?

A Q-1 visa is for a person in an international cultural exchange program. Husbands, wives and children will have to qualify for visas themselves. There's no Q-2 visa for someone coming only as a relative of a Q-1. A Q-1 visitor can stay for up to 15 months in a program that provides practical training, employment and sharing of the culture of his country.

A Q-1 must be at least 18 years old and qualified to perform the work or to receive the training involved. He must be able to "communicate effectively" about his country's culture to people in the United States. That means that, unless the cultural sharing is in something like dancing or painting, the person will have to be able to speak English fairly well. The program must be available to the public and have a cultural part that's related to a work or training part. The cultural part must be important to the program, not merely added to get the visitor a Q visa.

How to Get It?

An interested employer applies, on Form I-129, to the United States Citizenship and Immigration Services (USCIS), and pays the application fee. The I-129 requests both approval of the program and approval of however many participants are included on the form. If USCIS denies the application, the employer can appeal to the Administrative Appeals Office.

If the I-129 is approved, the participant must then get a visa from a US consulate or embassy before traveling to the United States. Allow enough time. This sometimes can take months. First, the person must fill out forms, then there's an interview at the consulate or embassy. It's sometimes possible to apply at a consulate or embassy not in the person's home country, but success is much less likely. The consular official deciding the case must believe that the participant has good enough English, is really going to participate in a cultural exchange program, will leave within 15 months and has no problems that should keep him out of the United States (such as a criminal record).

Once he has the visa, the participant travels to the United States. The inspector at the point of arrival doesn't have to let him in. He must satisfy the inspector that he is who and what he says he is, will be doing what he claims, will leave when he should and is not dangerous or in any other way undesirable.

Can the Participant Work?

Yes, as part of the program.

Can the Participant Extend His Stay?

Only up to 15 months. Then he must leave and stay out of the United States, except for brief pleasure or business trips to the United States, for at least a year.

If There's a Q-1, Why Isn't There a Q-2?

That program has expired. It was for young residents of the Republic of Ireland or Northern Ireland. It also was called the Walsh Visa Program, after its sponsor.

Questions for Your Attorney

  • What rights do I have to change programs?
  • What protections do I have to be treated fairly by the people running the program?
  • If I'm already in the United States, can I become a Q-1 without leaving?