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; and

that is open to direct public access.

is an essential and integral part of the international cultural exchange visitor's employment or training;

is designed, on the whole, to exhibit or explain the attitude, customs, history, heritage, philosophy, or traditions of the international cultural exchange visitor's country of nationality; and

may include structured instructional activities such as seminars, courses, lecture series, or language camps.

may not be independent of the cultural component of the international cultural exchange program; and

must serve as the vehicle to achieve the objectives of the cultural component.

indicates that the petitioner is one of several Delaware school districts offering a Spanish immersion program and that the programs are open to all students in the state; and

clearly markets the host school as providing a direct opportunity for the American public to acquire Spanish language and to be immersed in Spanish culture and tradition.

guidelines for its dual language immersion program, as well as curricular materials detailing the learning objectives and lesson sequence for various courses; and

a mission statement explaining that its dual language immersion model divides its instruction in the Delaware Recommended Curriculum between two classrooms, English and Spanish, with students' time divided between the two teachers depending upon the students' grade level.

the program contains structured lesson plans as well as teacher statements establishing that the international cultural exchange teachers introduce students to the teachers' home country, in this instance Spain, traditional arts and crafts, games, folk songs and tales, cuisine, holidays, and other aspects of their culture; and

the teachers prepare cultural events and programs open to the public such as live musical performances by Spanish entertainers, therefore transmitting the culture of Spain through the performance of the beneficiaries' job duties.

lesson plans for various grade levels and subjects in the record of proceedings incorporate Spanish cultural themes and demonstrate that the beneficiaries "continuously transmit Spanish culture through the performance of their job duties;"

the petitioner is not seeking to employ the beneficiaries solely to teach foreign language classes as part of a traditional curriculum of language instruction but rather as teachers in a dual immersion program which will "utilize curriculum and content areas as the vehicle to transmit language, culture, customs, heritage, traditions, etc. to American students" who will "learn the content areas by and through learning about Spain, Spanish history, Spanish customs, food, festivals, literature and dance;" and

the cultural component of the immersion program is an "essential and integral part" of the beneficiaries' work (8 C.F.R. § 214.2(q)(3)(iii)(B)-(C)).

public access;

having a cultural component; and

having a work component tied to the cultural component.