Temporary (Nonimmigrant) Visas
Q Visa - International Cultural Exchange
Participants in international cultural
exchange programs for the purposes of practical training, employment
and sharing of cultural traditions, may enter the US for up to 15
months, so long as they are employed under the same wages and working
conditions as US workers.
Generally
An alien having a residence
in a foreign country which he has no intention of abandoning who
is coming temporarily for up to fifteen months to the United States
as a participant in an approved international cultural exchange program
for the purpose of providing practical training, employment, and the
sharing of the history, culture, and traditions of the country of the
alien's
nationality may apply for a Q visa. The alien must be employed under the same
wages and working conditions as domestic workers.
An additional way for an alien to enter the US on a Q visa is if the alien
is 35 years of age or younger having a residence in Northern Ireland,
or the counties of Louth, Monaghan, Cavan, Lei trim, Sligo, and Done
gal within the Republic of Ireland, which the alien has no intention
of abandoning who is coming temporarily (for a period not to exceed
36 months) to the United
States as a participant in an approved cultural and training program for
the purpose of providing practical training, employment, and the
experience of coexistence and conflict resolution in a diverse society.
The alien spouse and minor children of any such alien may also be admitted if
accompanying the alien or following to join the alien.
Required
Supporting Documentation
1) evidence that an established international cultural exchange program
is being maintained,
2) that there is a designated qualified employee to administer the program and
deal with
immigration matters,
3) have been doing business in the U.S. for the past two years,
4) will offer the alien wages and working conditions comparable to domestic
workers in similar
employment,
5) employ at least 5 full-time U.S. citizen or permanent resident
workers,
6) have the financial ability to pay the Q visa alien,
7) have catalogs, brochures or other types of material which illustrate
the cultural component of
the program is designed to exhibit the cultural attributes
of the alien's country
8) the employment or training must take place in a public setting AND
9) there will be a cultural benefit of the program to the US public.
If the proposed petition is being submitted within 15 months of the approval of
a prior petition, the approval notice of the prior petition may be substituted
for the above required documentation.
Application
Procedures
A prospective employer
may file a petition on Form I-129, with the INS service center having
jurisdiction over the employer's headquarters or the service center
having jurisdiction over the area where the alien will perform training
or employment. More than one international cultural visitor may be included
on the petition.
A new petition must be filed each time an employer wants to sponsor an additional
international cultural visitor. However, a substitution may be made
on an approved petition without filing a new Form I-129.
The employer must at the same time request approval of both the international
cultural exchange program and the admission of the particular alien
visitor on the initial Form I-129.
The international cultural exchange program must be approved, before individual
visitors may be approved.
Denials of Q petitions can be appealed to the Administrative Appeals Unit
The international visitor
visa may be approved for the duration of the
program or 15 months, whichever is shorter. The alien may only apply for more
than a total of 15 months if the alien has resided and been physically present
outside the United States for the previous year. If the alien leaves the
US, the one-year foreign residence requirement also applies, even if the program
was for less than 15 months. Brief trips to the United States do not violate
the one-year foreign residency period.
Change of Status
Qualified Q cultural visitors may apply for change of status to another
nonimmigrant visa category, or apply for permanent residence.
Extensions of Stay
A Q visa alien is eligible for extension of stay within the overall 15-month limit
if the employer files a new petition for the longer time period.
Spouses and children
of Q visa aliens are not given derivative status and this must qualify
independently for nonimmigrant visas to accompany the Q alien to
the United States. They may do so as B-2 visitors, and may maintain
this status for the duration of the Q visa alien's stay.
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