Q-1 Visa

A Q-1 visa is a nonimmigrant (temporary) work visa for adults (relatively aged 18 years) to participate in a training, employment, and cultural exchange program.

•  The two categories are “J” nonimmigrant (temporary) visa, which is for educational and cultural exchange programs determined by the Department of State, Bureau of Consular Affairs and the “Q” nonimmigrant (temporary) visa, which is for international cultural exchange programs determined by United States Citizenship and Immigration Services (USCIS).
• Q-1 visa supports international cultural exchange such as practical training, employment, and the sharing of the history, culture, and traditions of the participant’s home country in the U.S.

A Q-1 visa is a nonimmigrant (temporary) work visa for adults (relatively aged 18 years) to participate in a training, employment, and cultural exchange program. Generally, there are two nonimmigrant (temporary) visa categories for you to participate in Exchange Visitor programs in the United States. The first one is “J” nonimmigrant (temporary) visa, which is for educational and cultural exchange programs determined by the Department of State, Bureau of Consular Affairs. The second one is “Q” nonimmigrant (temporary) visa, which is for international cultural exchange programs determined by the United States Citizenship and Immigration Services (USCIS). Basically, Q-1 visa supports international cultural exchange such as practical training, employment, and the sharing of the history, culture, and traditions of the participant’s home country in the U.S. You may be eligible for a Q-1 nonimmigrant visa classification if you want to participate in an international cultural exchange program. The program must be executed by a U.S. employer and must provide practical training and employment to the participant while implementing the sharing of history, culture, and tradition of the participant’s home country.

Eligibility Criteria

To qualify for the Q-1 nonimmigrant visa, the participant must meet the eligibility criteria mentioned below:

• Participant must be at least 18 years old and possess the ability to effectively convey their home country’s history and culture for a U.S. audience.
• Only employers who implement cultural exchange programs are allowed to file a petition for Q nonimmigrant.
• For Q-1 nonimmigrant visa, the intention must remain to facilitate the sharing of international cultures. It is an employment-oriented program, but an elemental part of your duties must have a cultural element.
• You must be able to communicate effectively about the cultural attributes of your country.
• If you have entered previously into the U.S. on a Q-1 visa than you have to be physically outside the U.S. for at least one year before re-entering on the basis of Q-1 visa.

Application Process

A Q-1 visa enables the applicant to participate in an employment-based cultural exchange program in the United States. The Q-1 application must be accompanied by evidence that the employer/sponsor:

• Determines to be continuing with an overview of the history, customs, heritage, philosophy, tradition, and/or other cultural aspects of the participant’s home country.
• Intends to make the program available to the public for the purpose of intercultural exchange between the visa holder and the American public.
• Has selected qualified employee to manage the program and serve as contact with USCIS.
• Can provide a working environment comparable to that of a domestic employee providing the same services.
• Is capable of properly compensating the Q-1 visa holder for his or her work.

Documentation

The employer is liable to provide the evidence that the employer maintains an established international cultural exchange program, this may include in following documentation process:

• Your sponsoring organization/employer must file Form I-129, Petition for Nonimmigrant Worker with the USCIS office specified in the form instructions.
• A valid passport for traveling to the U.S. – Your passport must be valid for at least six months beyond the period of your stay in the U.S. (unless exempt by country-specific agreements). Each person who is already included in applicant visa needs to submit a separate application.
• You need to upload your photo while completing the online Form DS-160. In case there is any problem uploading photo, you must bring one printed photo as mentioned in the photograph requirements.
• This may be indicated by submitting copies of catalogs, brochures, or other types of material which embody that the cultural element is designed to give an overview of the attitude, history, customs, philosophy, heritage, tradition, and/or other cultural attributes of the participant’s home country.
• The employer may also submit proof which demonstrates that the program activities take place in a public setting where the sharing of culture can be achieved through direct interaction with the American public or a segment thereof.

Duration of Stay

A Q-1 visa is generally granted for the duration of the program up to 15 months and afterward, continuations cannot be granted. After the completion of your Q cultural exchange program, you have enough time of 30 days to depart from the United States. You have to spend 1 year outside the United States before you can apply for participation in the Q cultural exchange program again.

Spouse and Children

There is no such provision for spouses and children of Q-1 visa holders to accompany the Q1 visa holder. Spouses and children wishing to come to the U.S. to join their spouse or parent are needed to get a suitable travel visa, work visa, or student visa.

Source: www.uscis.gov