By Joseph Lavetsky, Esq.
Beacon Immigration PLLC
June 21, 2023
The Q visa, also known as the Q-1 or “Disney” visa, is used by employers to hire workers on a short-term basis to participate in a cultural exchange program. Common uses of the Q visa are for musical performances, theater productions, and foreign language schools, though many other kinds of employers may qualify.
The Q visa allows a worker to be employed for up to 15 months, with a 30-day transition period afterward in which the worker may stay in the U.S. while not working. After the worker spends a year abroad, they may be sponsored once again for a Q visa, for an additional 15 months.
The following is a checklist of what employers typically include with a Q application with USCIS. Other documents may be necessary, depending on the circumstances.
Q-1 “CULTURAL EXCHANGE” VISA CHECKLIST
o Form G-1145, e-notification of application/petition acceptance (optional but recommended)
o Form I-129, employee immigration petition
- Sponsor’s most recent tax returns
- Sponsor’s bank account statements for the past six months
- Documents showing that the sponsor runs a cultural exchange program: pamphlets, official mission statement, flyers for past cultural events (book fair, cooking lessons, etc.), sample lesson plans, employer calendar showing cultural events, curriculum, etc.
- Job description for the employee’s proposed Q-1 duties, showing participation in a cultural exchange program
- Signed employment contract between sponsor and worker noting worker’s salary, job duties, work hours, working conditions, any fringe benefits, etc. The employer must show USCIS that they will offer the worker wages and working conditions comparable to similarly employed local domestic workers.
- Signed letter from sponsor designating a specific employee to run the Q-1 cultural exchange program
- Employee’s current passport, visa, and work authorization card
- Employee’s previous passports and visas from previous immigration statuses in the U.S., e.g. DS-2019’s, I-20’s, USCIS approval notices, etc.
- Employee’s CV/resume
- Employee’s tertiary degrees (bachelor’s, master’s, etc.)
- Proof of employee’s permanent residence abroad, e.g. property ownership documents
- $460 check or money order paid to “U.S. Department of Homeland Security,” or if paying by credit card, form G-1450 (paid by sponsor)
o Form I-907, premium processing (optional but recommended)
- $2,500 check or money order paid to “U.S. Department of Homeland Security,” or if paying by credit card, form G-1450 (paid by either sponsor or employee)
NOTE: Foreign-language documents must be submitted with an English translation. Use a professional online service such as Rush Translate or fiverr.com (choose someone with a high rating).
Once USCIS approves the Q application, the worker will then hold Q immigration status if they are already in the U.S. (called a “change of status”), or they will need to apply for a Q visa if they are abroad by filing form DS-160 with the Department of State (called “consular processing”). They will then need to attend an interview for their Q visa at a U.S. embassy/consulate – if approved, the worker is allowed to come to the U.S. to participate in their sponsor’s cultural exchange program.
If you are an employer running a cultural exchange program or an employee looking to work in the U.S., please get in touch with Beacon Immigration today: +1 845-288-2435 / beaconimmigrationlawyer@gmail.com.
Beacon Immigration PLLC is a law firm located in the Hudson Valley of New York at 6 Eliza Street, Suite 5, Beacon, NY 12508 (Dutchess County).
