Q Visas - How They Are Obtained And Who Is Eligible

The Q visa is a special type of visa that is designed to allow the entry to the USA of visitors on an international exchange program. The most common type applied for is the Q-1 visa. This is intended to facilitate the sharing of cultures from different parts of the world, and can be applied for by residents of any country, if they are coming to the USA to take part in a cultural exchange program. If you need help in understanding the process for obtaining one of these visas, you should consult a qualified immigration lawyer.

Requirements For A Q-1 Visa Program
For a program to be approved for the purposes of obtaining a Q-1 visa, it has to meet the following criteria:
· It must be located in a museum or school, or a similar environment where the public can have access to the presentation of an overseas culture – not in a private home or business.
· The program must have a cultural component that will be an integral part of the visa holder’s responsibilities.
· This component must be constructed in a way that will demonstrate the traditions and customs of the visa holder’s country.

How To Obtain Program Approval
For a program to be approved for Q-1 visa purposes, the employer must take the following steps:
· File Form I-129 along with the Q visa supplement, and full documentation of the program.
· Provide evidence that the company carries out international cultural exchange programs, with a designated manager to administer them.
· Demonstrate that the holder of the Q-1 visa will benefit from the same compensation structure and work conditions as a US employee would receive.

If there is any confusion about program approval, the employer should consult a qualified immigration attorney for clarification.

How Does An Individual Obtain A Q-1 Visa?
The application for a Q-1 visa is made simultaneously with, or immediately after, the application for program approval. The applicant must fulfill the following requirements:
· Must be 18 years of age or over.
· Must possess a certified qualification to carry out the services designated in the program approval.
· Must have sufficient language ability to be able to communicate the information about the culture of the country of origin to the American public.
· The maximum stay is 15 months, after which the applicant has to be out of the USA for at least 12 months before reapplying.

What Is A Q-2 Visa?
A Q-2 visa, or Walsh Visa, is a special type of Q visa which was created as part of the Irish peace process. The purpose was to provide training and employment opportunities for young people affected by the Troubles. The visas were originally only valid for the years 2000-2002, but have been extended. The requirements to apply are that the applicant:
· Must be between 18 and 35 years of age.
· Must be from Northern Ireland, or from one of the six counties of the Republic that border on Northern Ireland.
· Must have been unemployed for the past few months, or have completed a publicly funded training program, or, if employed, have been nominated by the employer. In the latter case the US experience must be clearly shown to benefit both employer and employee.
· Must have found a US employer to provide employment.

To obtain a full understanding of the requirements for the Q-1 visa and the Q-2 visa, it is essential to consult a qualified attorney from an immigration law firm. The only way to ensure that a correct application is prepared, and that you have the right documentation, is to use specialized immigration lawyers. By checking that your immigration attorneys are qualified in these matters, you will be assured of fast processing through this complex area.