Q Visa & Status
The Q Nonimmigrant visa category is codified in INA §101(a)(15)(Q), 8 U.S.C. §1101(a)(15)(Q); 8 C.F.R. §214.2(q).
- NIV for a participant in an international cultural exchange program designated by the AG for the purpose of providing practical training, employment and the sharing of the history, culture, and traditions of the country of the person’s nationality.
- The program applies to an employer who has employees not simply an agent or office, and who provides on a regular, continuous, systematic basis goods and/or services (including lectures, seminars and other types of cultural programs). 8 C.F.R. §214.2(q)(1)
- Conditions of Visa:
- Cannot exceed 15 months
- Beneficiary must have foreign residence.
- Beneficiary must be employed under the same wages and working conditions as U.S. workers.
- Limitation on admission: If a Q visa recipient wishes to return on a Q visa, then they must remain outside of the U.S. for one year, although short trips made to the U.S. do not effect the requirement 8 C.F.R. §214.2(q)(2)(ii).
- Q-2 Nonimmigrants from Northern Ireland. INA §101(a)(15)(Q)(ii), 8 U.S.C. §1101(a)(15)(Q)(ii). P.L.105-319 (Oct. 30, 1998); 22 C.F.R. §§41.57(b), 101(f), 139; 8 C.F.R. §§214.1(a)(1)(vii), (b)(4), 214.2(q), 248.3(d); 65 Fed. Reg. 14764-80 (Mar. 17, 2000).
- Visa is for a person 35 years or younger who resides in Northern Ireland or the counties of Louth, Monaghan, Cavan, Leitrim, Sligo, or Donegal within the Republic of Ireland and seeks to temporarily enter the U.S. for a period not longer than 36 months to participate in a cultural and training program for the purpose of providing practical training, employment, and the experience of coexistence and conflict resolution in a diverse society.
- Only 4,000 visas are available per year. The program must be approved by the Sec. of State and the AG.