By J. Lavetsky, Esq.
Beacon Immigration PLLC
June 20, 2023
The Q visa, also known as the “Disney” or Q-1 visa, is used for employers to sponsor workers belonging to a cultural exchange program. Workers who utilize the Q visa will typically be involved in in music, theater, cultural centers (French, Japanese, etc.), or anything that involves a cultural exchange, such as teaching a foreign language. The Q visa can be used by anyone who facilitates a cultural exchange, not just the main contributors. So, maintenance workers who clean up after a cultural exchange performance, like a ballet or opera, might also qualify.
Pros and Cons
Although not very well known or utilized, the Q visa has some advantages. Unlike the H-1b professional visa or the J exchange visa, applying for a Q visa generally only requires working with USCIS if the worker is already in the U.S. It does not require getting approval from the Department of Labor (as with the H-1b visa) or the Department of State for the J visa. The employer sponsor must prove that they run a cultural exchange program that shares the history, culture, and traditions of a foreign country with people in the U.S.
Another advantage of the Q visa is that an employer can sponsor multiple workers on the same immigration petition, paying only one filing fee. So, if a language school wanted to sponsor five teachers to run a summer camp, they would need to pay only one fee to USCIS, which is currently $460 using form I-129.
A disadvantage of the Q visa is that it is valid for a maximum of 15 months, although the employee can be granted another Q visa after spending a year outside of the U.S.
Planning your Future
Despite this limitation, the Q visa can play a useful role in an applicant’s longer-term plans in the U.S. At Beacon Immigration, we recently were able to assist a French-language school in the northeast to sponsor Q visas for two of its employees who, unfortunately, had not been picked in the H-1b lottery that year. Their J-1 program was about to come to a close and the employees wanted to stay in the U.S. for at least a few years longer as H-1b teachers.
When these teachers were not selected in the H-1b lottery, we were able to change their immigration status from J-1 exchange visitors to Q-1 cultural exchange workers at the school, teaching French language and culture. Using the Q-1 as a stopgap measure to stay another year, one of the teachers was then able to try again at the H-1b lottery this year – a second bite at the apple.
Even if a worker is not interested in entering the H-1b lottery, a Q visa might be helpful if they are romantically involved with a U.S. citizen or permanent resident, and they are considering getting married and possibly staying in the U.S. long-term with a marriage green card. 15 months with Q-1 status can helpfully provide time for someone to consider this path while still maintaining lawful immigration status in the U.S.
Ask for help
If you would like to participate in a cultural exchange program in the U.S., please get in touch 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).
