The Q visa is for an alien coming temporarily to participate in an international cultural exchange program in order to share attitudes, customs, history, heritage, philosophy and/or traditions of the alien's country of nationality. Under the Q-1 visa, the alien can engage in employment and practical training as long as he/she is also sharing the attitudes, customs, history, heritage, culture and/or traditions of their home country.
The culture sharing must take place in a school, museum, business or other establishment where the public, or a segment of the public sharing a common cultural interest, is exposed to aspects of a foreign culture as part of as part of a structured program. The work component of the program may not be independent of the cultural component, but must serve as the vehicle to achieve the objectives of the cultural component
An employer (U.S. or foreign firm, corporation, non-profit organization or other legal entity) or its designated agent may file the petition. If a designated agent is filing the petition, the agent must be employed by the qualified employer on a permanent basis in an executive or managerial capacity and must be either a U.S. citizen or lawful permanent resident.
Q visa petition must include the following evidence, showing that the employer:
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maintains an established international cultural exchange program;
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has designated a qualified employee to administer the program and serve as liaison to the USCIS;
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is actively doing business in the U.S.;
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Will offer the alien wages and working conditions comparable to those accorded local domestic workers similarly employed; and
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Has the financial ability to remunerate the participant(s).
In addition, the petition should include brochures, catalogs, or other types of program documentation to illustrate the established nature of the program. To demonstrate the program's ability to compensate the alien(s), the employer must submit a copy of its annual report, income tax return, or certified accountant's report.
Do you think you may qualify for a Q visa, or are you an employer who intends to bring a prospective Q visa applicant to the U.S.? The attorneys at Harrison Alo, Attorneys at Law would be more than happy to discuss your qualifications or your program's qualifications.
