The "Q" visa category is for applicants visiting the United States to participate in international cultural exchange programs designated by the Attorney General for the purpose of providing practical training, employment, and sharing of the history, culture, and traditions of the visitor's country.
Similar to the J visa, the Q visa is oriented towards employment programs. The maximum validity of a Q petition is 15 months from the date of approval. The applicant's stay in the United States may be extended by the Immigration Service, but may not exceed 15 months.
Visas for family members of Q visa holder
There is no derivative visa category for spouses and children of the beneficiary of a Q petition. Spouses and/or children who wish to accompany the Q visa holder to the United States for the duration of the program are required to qualify for visas in their own right. If they wish to work, they require work visas; if they wish to study, student visas. Those who have no intention of working or studying, may apply for tourist (B-2) visas. If the spouse and/or child will not apply for visas at the same time as the principal applicant, they will be required to furnish a copy of the principal applicant's visa with their application.
Petition Document Requirements
A U.S. employer or foreign employer may file the I-129 Q-1 petition; however, a foreign employer's petition must be signed by a U.S. citizen or permanent resident employed by the qualified employer on a permanent basis in an executive, managerial, or supervisory capacity for the prior year. The petition must be filed with evidence the employer:
Maintains an established international cultural exchange program. This may be demonstrated by submitting copies of catalogs, brochures or other types of material which illustrate that: (a) The cultural component of the program is designed to give an overview of the attitude, customs, history, heritage, philosophy, tradition and/or other cultural attributes of the participant's home country, and; (b) 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.
Has designated a qualified employee to administer the program and serve as liaison with USCIS;
Will offer the alien wages and working conditions comparable to those accorded local domestic workers similarly employed; and
Has the financial ability to compensate the participant(s), as shown by a copy of the employer's most recent annual report, business income tax return or other form of certified accountant's report.
