While many employment-based visas primarily seek to import talented labor from abroad, at least one visa is primarily about the exchange of culture and history. The Q Visa allows foreign nationals involved in cultural exchange programs to come to the U.S. for as long as 15 months in order to exhibit the attitudes and customs of the visa holder’s home country.
This page was designed to offer some general information on the Q Visa and help those interested in applying decide if they should consult an attorney. This page covers the following topics:
- Q-Visa Basics
- Applying for a Q1 Visa
- Can My Family Join Me?
- Consulting an Attorney
It’s important to remember that while this page discusses certain legal concepts, it is not intended as a substitute for speaking directly with an immigration attorney. Immigration law is complex and the Q 1 Visa applicant will deal with multiple federal agencies. For more information on the Q Visa program, and how to apply, contact our office to see how we can help.
The Q1 Visa is what is known as a temporary non-immigrant visa. Unlike permanent immigrant visas, which are issued in lower numbers each year, those applying for the Q Visa typically experience shorter wait times.
This visa permits a foreign national, who is part of a cultural exchange program, to live and work in the U.S. for a period of up to 15 months. The type of work that qualifies under the Q-visa is designated by the U.S. Attorney General as providing an exchange of practical training, employment, as well as the history, culture and traditions of the visa holder’s nation.
According to this article by Southern California radio station KPCC-89.3, the history of the Q-visa is intertwined with Walt Disney World. Back in the early 1980s, the park sought to hire foreign cast members to work at its Epcot World Showcase. At the time, the preferred visa was the J Visa, which also promotes cultural exchange. However, investigations into J Visa abuse caused difficulties, and Disney executives worked with immigration lawyers and lawmakers to draft an entirely new visa—one that would meet the narrow needs of the Disney exhibit without creating a general work visa. On November 29, 1990, The Q 1 Visa was approved, and is even informally known to this day as the “Disney visa.”
The successful Q 1 applicant must have a foreign residence, and not intend to give that residence up. In addition, the exchange program must take place in a school, museum, business or similar place where the American public will be exposed to components of a foreign culture. The Q 1 visa holder must be at least 18 years old and be able to communicate the cultural attributes of his or her country.
While the Q 1 visa grants stays for up to 15 months, the initial period allowed is typically eight months. Extensions can be granted, but usually only to a maximum of 15 months. While q visa holders are eligible to reapply for a visa, once they reach the 15-month maximum, they must leave the country for one year before returning.
Applying for a Q1 Visa
In order to apply for a q1 visa, the foreign national will need a U.S. employer to sponsor his or her application. This begins when the employer files a Petition for Nonimmigrant Worker (Form I-129) with US Customs and Immigration Services (USCIS).
The sponsoring company will be required to provide evidence that it maintains an established cultural exchange program. In addition, the employer must also establish that there is a qualified employee administering the program in order to serve as a liaison with USCIS. The employer must be able to prove that the company is doing business in the U.S. and is financially capable of paying participants in the exchange program. Foreign workers must be offered similar wages to U.S. workers. If the foreign national will be working in more than one location, an itinerary must also be submitted.
Can My Family Join Me?
Generally speaking, no. Federal law does not provide a provision for spouses and children of Q visa program participants. In some cases it might be possible for a family member to join the Q-visa holder if he or she qualifies for another type of visa. For more information the different types of visas available, and to find out who qualifies, contact our immigration lawyer for more information.
Consulting With an Attorney
Many people who consider applying for a Q 1 visa ask whether they should consult a qualified attorney. In our experience, it is highly recommended. There are a lot of different types of temporary visas. We recommend that you hire a lawyer to maximize your chances of obtaining the visa you need.
Federal law is complex and the immigration system is a vast bureaucracy. Those who apply for temporary visas often deal with multiple government agencies while dealing with time constraints. In some cases, careless filing mistakes can lead to a denial of application. It is the job of a qualified immigration attorney to help the client navigate a complicated system and avoid costly or time-consuming errors. If you have questions about applying for a q1 visa, contact our office to see how we can help.