Instructions For Form I-129 - Petition For A Nonimmigrant Worker Page 11
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23If a designated agent is filing the petition, that agent must be
However, if the proposed dates of employment are within 15
employed by the qualified employer on a permanent basis in
months of the approval of a prior Q-1 petition filed by you for
the same international cultural exchange program, and that
an executive or managerial capacity and must be either a U.S.
citizen or lawful permanent resident.
earlier petition was filed with the above evidence of the
program, you may submit a copy of the approval notice for
that prior petition in lieu of the evidence about the program
Q-1
required above.
A Q-1 is an alien coming temporarily to participate in an
international cultural exchange program for sharing the
attitude, customs, history, heritage, philosophy, and/or
R-1
traditions of the alien's country of nationality.
An R-1 is an alien who is coming temporarily to perform
services as a religious worker.
The culture sharing must take place in a school, museum,
business, or other establishment where the public, or a
Basic Requirements: A U.S. employer must file the petition.
segment of the public sharing a common cultural interest, is
The employer must:
exposed to aspects of a foreign culture as part of a structured
1. Complete Form I-129, Petition for a Nonimmigrant
program.
Worker, Parts 1 through 6 as applicable, making sure to
The work component of the program may not be independent
write R-1 in the Requested Nonimmigrant Classification
of the cultural component, but must serve as the vehicle to
box in response to question 1 under Part 2;
achieve the objectives of the cultural component. An employer
2. Complete the Q-1 and R-1 Classifications Supplement to
(U.S. or foreign firm, corporation, nonprofit organization, or
Form I-129;
other legal entity) or its designated agent may file the petition.
If a designated agent is filing the petition, that agent must be
3. Complete the Form I-129 R-1 Employer Attestation;
employed by the qualified employer on a permanent basis in
an executive or managerial capacity and must be either a U.S.
4. Complete, if applicable, Form I-129 Religious
citizen or lawful permanent resident.
Denomination Certification;
Write Q-1 in the classification block on the petition.
5. Submit evidence demonstrating that the employer and
alien meet certain requirements; and
The petition must be submitted with evidence showing that the
employer:
6. Submit Form I-129 to USCIS with the applicable
supplements and evidence at the same time.
1. Maintains an established international cultural exchange
program;
Definitions
2. Has designated a qualified employee to administer the
There are definitions that apply specifically to R-1 petitions.
program and serve as liaison with USCIS;
Detailed explanations of the definitions may be found at
8 CFR 214.2(r).
3. Is actively doing business in the United States;
4. Will offer the alien wages and working conditions
1. Bona Fide Nonprofit Religious Organization in the
comparable to those accorded local domestic workers
United States means an organization exempt from
similarly employed; and
taxation as described in section 501(c)(3) of the Internal
Revenue Code of 1986, subsequent amendment or
5. Has the financial ability to remunerate the participant(s).
equivalent sections of prior enactments of the Internal
Revenue Code. The organization must have a currently
To illustrate an established international cultural exchange
valid determination letter from the Internal Revenue
program, submit program documentation, such as catalogs,
Service confirming the tax exemption. Tax-exempt
brochures, or other types of material.
organization is defined below.
To demonstrate financial ability to remunerate the participant
2. Bona Fide Organization That Is Affiliated with the
(s), submit your organization's most recent annual report,
Religious Denomination means an organization that is
business income tax return, or other form of certified
closely associated with a religious denomination.
accountant's report.
Religious denomination is defined below. The affiliated
organization must be exempt from taxation as described
in section 501(c)(3) of the Internal Revenue Code of
Form I-129 Instructions (Rev. 12/04/09)Y Page 11
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