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THE ABC'S OF IMMIGRATION - Q-1 VISAS FOR
INTERNATIONAL CULTURAL EXCHANGE VISITORS
The Q-1
nonimmigrant visa is designed for foreign nationals who are coming to
the US to participate in an international cultural exchange program.
The Q-1 visa was created in 1990, mainly because of lobbying
efforts by the Walt Disney Company and similar businesses.
They feared that the J programs they were using would be
revoked because their foreign employees were working in generally
unskilled positions, even though they were participating in cultural
exchanges. Under the Q-1
visa, the foreign national can engage in practical training and
employment so long as they are also sharing the history, culture and
traditions of their home country.
The first requirement in obtaining a Q-1 visa is for the employer to
obtain approval of their international cultural exchange program from
the Attorney General. To
obtain approval, the program must meet the following requirements:
- It
must take place in a school, museum, business, or similar location
where the public, or at least the interested public, can be
exposed to aspects of a foreign culture as part of a structured
program;
- The
program must include a cultural component as an essential and
integral part of the cultural visitor’s employment or training;
and
- The
program cannot provide for employment or training independent of
the cultural component.
Program approval is sought by filing
Form I-129 with the Q Supplement.
The application must be accompanied by documentation of the
program. There must also
be evidence that the employer has designated a management level
employee to administer the program and act as a liaison to the INS.
The application can be filed with either the INS Service Center
with jurisdiction over the petitioner’s headquarters, or the Service
Center with jurisdiction over where the employee will be located.
The employer must also meet a number of other requirements.
It must be engaged in the active conduct of business in the US.
It must also attest that it will pay the foreign national the
same wages it would pay a US worker in the area, as well as
demonstrate that it has the financial ability to pay the offered wage,
and that it will provide the same working conditions US workers in the
area would have. However,
there is no need to file the attestation with the Department of Labor.
The application for Q-1 visa classification is made at the same time
as the request for program designation.
After the program is approved, however, subsequent applications
can be made with only the copy of the original program approval.
More that one person can be included on the same petition.
Also, substitutions can be made during the program, but the new
person’s period of stay is limited to the terms of the originally
approved petition. A
substitution does not need to be filed with the INS, but can be done
by a letter to the consular office where the replacement will apply
for a visa. The letter
must provide all of the information on the foreign national listed
below, and must include a copy of the original approval notice.
The person who will receive Q-1 status must meet the following
requirements:
- Be
at least 18 years old;
- Be
qualified to perform the service of receive the type of training
listed in the application; and
- Be
able to communicate with the US public about the cultural aspects
of their home country.
Also, applicants
who have previously been granted Q-1 status must remain outside the US
for one year before again being granted Q-1 status.
The petition must include the following information about each person
to be given Q-1 status:
- Date
of birth;
- Country
of nationality;
- Educational
level;
- The
position, title and job description they will occupy; and
- The
wages offered.
If the cultural program involves multiple locations, a complete
itinerary must be provided. The
Q-1 program designation is approved either for the length of the
program, or 15 months, whichever is shorter.
The person is also given 30 days after the expiration of the
visa in which to make travel plans for their departure from the US.
People in Q-1 status are allowed to apply for a change of status
within the US. They can
also, while remaining in Q-1 status, switch employers.
However, the total stay in the US is still limited to 15
months.
Finally, while there is no derivative status for dependents of people
in Q-1 status, the State Department Foreign Affairs Manual states that
dependents should be granted B-2 visas for the duration of the Q-1
visa holder’s stay in the US, up to 12 months at one time.
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