The Q Visa Explained
Attorney Justin Taruc is an avid fan of Disney. Fun fact - Justin’s first job was at the Disney Store as a cast member (that’s what Mr. Mouse calls his employee friends) at the mall when he was 16. In honor of Justin’s Disney fandom, let’s explore the Q Visa!
What is the Q Visa?
The Q Visa is a nonimmigrant visa issued for those who are interested in participating in “an international cultural exchange program approved by the Secretary of Homeland Security.” It is oftentimes called the “Disney” visa because their employees from different parts of the world take advantage of the visa to work for the House of Mouse.
Who is eligible for the Q Visa?
According to the USCIS, only “qualified employers who administer cultural exchange programs or designated agents that employ on a permanent basis in an executive or managerial capacity” are able to petition for Q nonimmigrants. At the time of petitioning the alien, the employer must provide evidence that it maintains an established international cultural exchange program. This can be done by submitting copies of brochures, curriculum, or other material that shows the program is designed to exhibit or explain the attitude, customs, history, heritage, philosophy, traditions, and/or other cultural attributes of the alien’s country.
An alien interested in obtaining a Q Visa is eligible if over 18 years old, qualified, and able to effectively communicate about his or her culture to the American public.
What is the process to obtain a Q Visa?
The employer must file a Form I-129, Petition for a Nonimmigrant Worker, with USCIS. Once the visa petition is approved, the alien can apply for the visa using the Form DS-160. The alien may then be required to appear for a visa interview at the US Embassy or Consulate. If the consular officer finds the alien qualified for the Q Visa and is otherwise not inadmissible, the Q Visa can be issued.
How long is the Q Visa valid for?
The initial period of stay under a Q Visa is up to 15 months. The alien must spend 1 year outside the US before applying to participate in a Q program again.
Can the spouse or children of the Q Visa holder accompany the Q visa holder?
Sadly, no. A spouse or child wishing to come with the Q Visa holder must qualify and apply for their own visas.
