The Q-1 classification applies to participants in an international cultural exchange program approved by the Attorney General for the purpose of providing practical training, employment, and to share the history, culture, and traditions of the foreign national’s home country.
A U.S. employer or foreign employer may file the 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:
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;
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 INS;
Will offer the foreign national 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.
Q-2 Irish Peace Process Cultural and Training Program
The regulations provide for the annual admission of 4,000 Northern Ireland residents age 18 to 35 for up to 36 months for the purpose of obtaining training, employment, and the experience of coexistence and conflict resolution in a diverse society. The foreign national may come to the United States to work in certain occupations pursuant to a designated program for the purpose of promoting effective conflict resolution and cooperative environments. The employment must be in the hospitality, tourism, customer service, information or communications technology, pharmaceuticals, engineering, sales, marketing, promotion, health services (not nursing), skills/trade, agriculture/horticulture, food processing, or furniture industry sectors.
One of the general requirements to qualify for the Q-2 Visa is that the applicant must be from Northern Ireland or one of the counties in the Republic of Ireland that border Northern Ireland – Cavan, Donegal, Leitrim, Louth, Monaghan and Sligo.
The Participant must:
maintain an unabandoned foreign residence;
be between the ages of 18 and 35;
be resident in Northern Ireland or one of the six designated counties in Ireland for at least three months before applying for the program;
be otherwise admissible as a nonimmigrant;
have a job offer certified by DOS’s Program Administrator;
have been unemployed for at least three months, or participating in a publicly funded employment program, or have lost his or her job, or received notice of termination from employment, or be currently employed and nominated by the employer to participate in the program to obtain new skills and experience to return to use with the same employer.
The Employers must:
provide a job or training opportunity in one of the above described occupational areas with career promotion potential if satisfactorily completed;
pay participants the higher of minimum wage or the wage paid U.S. workers similarly employed with the employer;
not sponsor participants for any other U.S. immigration status after the training or employment;
allow on-site visits by the Program Administrator to verify conformance with program requirements;
provide required health insurance;
notify the Program Administrator of participant departure or termination; and,
provide the participant with a written work record.
The principal foreign national will enter as a Q-2 and a dependent spouse or child enters as a Q-3. Both Q-2s and accompanying Q-3 dependents are charged against the 4,000 annual quota on entrants under the Walsh program.
Duration of Stay
The Q-1 visa provides for the admission for up to 15 months
Numerical Limits
There is currently no annual cap on Q visas.
Dependents
There is no direct derivative status for dependents of foreign nationals in Q-1 status. The State Department Foreign Affairs Manual states that dependents should be granted B-2 visas for the duration of the Q-1 visa holder’s stay in the US.
Diversity Lottery
Employment-Based