By: Tigran Kirakosyan
The Immigration Act of 1990 established the Q-1 nonimmigrant visa. This cultural exchange visa is designed to allow foreign nationals to share their country’s history, culture, language and traditions with Americans. Employers may to apply for a Q-1 visa for certain eligible employees.
The Purpose of the Q-1 Visa
Congress created the Q-1 visa so that people who know their country’s culture can introduce it to the American public. The Q-1 visa allows visa holders to temporarily work in language centers, amusement parks, museums, historical centers, and other work locations.
How Employers Apply for Q-1 Visas
Employers must petition US Citizenship and Immigration Services (USCIS) to obtain Q-1 visas for foreign employees.
Employers must demonstrate that:
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They actively do business in the US
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They have a cultural exchange project for the requested stay period
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They can finance the project
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Employee’s working conditions and wages are like domestic employees
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employer-designated
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The supervisor manages the employee directly
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A work location is open to the American public
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Employee’s main responsibility is to present their country’s culture
Under the Q-1 visa, foreign employees can remain in the US for 15 months. They must leave the US at the end of that period, unless their employer petitions USCIS to move them to a new project.
Employee Eligibility for Q-1 Visas
To be eligible for a Q-1 visa, foreign nationals must meet all the following criteria:
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Be at least 18 years old
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Have foreign residence with no intention to abandon it
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Be able to effectively communicate their country’s culture to the American public
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Continually work on the cultural exchange project throughout their stay in the US
Q-1 visa holders can apply for a change of status and remain in the US on a different visa after their project is complete. If they leave the US instead, these employees must spend a year outside the country before they can re-enter on a new Q-1 visa.
Conclusion
Q-1 visas are a little-known sponsorship option for cultural exchange positions. Contact our experienced team of attorneys for help filing a Q-1 visa, or any related questions.