Q  VISAS FOR PARTICIPANTS IN CULTURAL EXCHANGE PROGRAMS

1. Non-immigrant visa for a participant in an international cultural exchange program designated by the Attorney General of the United States for the purpose of providing practical training, employment and the sharing of the history, culture and traditions of the country of the person's nationality. The program applies to an employer who has employees not simply an agent or office and who provides on a regular, continuous, systematic basis goods and/or services (including lectures, seminars and other types of cultural programs).

2. Conditions of Visa:

   • Cannot exceed 15 months.

   • Must have foreign residence.

   • Must be employed under the same wages and workin8 conditions as domestic workers.

3. Application process: I-129 used for both employer program approval and employee petition. Petition can be filed at RSC where employer's headquarters located or where beneficiary will do work. Petition only approved for duration of program (not to exceed 15 months) plus 30 days. A new petition must be filed each time qualified employer wants to bring additional cultural exchange visitors. However , the employer may replace or substitute a participant named in a previously approved petition.  If beneficiary will work in more than one location need an itinerary. Petition must be accompanied by documentary evidence supporting application, including: (I) a certification that the wages and working conditions are comparable to those accorded local domestic workers; (2) proof that s/he is actually doing business in U.S. and has the financial ability to pay participants; and (3) designation of employee to represent company before INS and to administer the program. In addition, petition must provide the date of birth, nationality, education, title and job description for each visitor and a certification that s/he can perform the work. All of the above supporting documentation needs to be produced with I-129 unless the employer files multiple petitions in the same year. Petitioner may be employer or designated agent working in an executive or managerial capacity. 

4. Requirements for Program Approval -  All the following criteria must be met:

   • Interaction with American public:

     1. Program must take place in 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. Private homes or isolated business settings do not qualify.

   • Cultural component which must be designed on the whole "to exhibit or explain the attitude, customs, history , heritage, philosophy or traditions" of the person's country. Standard instructional activities such as courses or lectures are acceptable

   • Work Component. The work must serve as the vehicle to achieve the cultural objective and cannot be separate from it.

5. Requirements for Participants:

   • Must be 18 at time petition filed;

   • Must be qualified to perform work;

   • Must have ability to communicate cultural attributes of country;

   • Must have resided and been physically present outside the U.S. for the immediate prior year if previously admitted Q.

6. Extension of Stay: Extension only granted up to a total of ] months. A new petition must be filed for each extension.

7. Revocation of Petition:  Automatic revocation if employer goes out of business, files a withdrawal of the petition or terminates the program. Petition for other reasons may be revoked by notice. An appeal may be taken at the AAU.

For further information, send your query to Aparna Davé.