The Q-1 classification applies to participants in an international cultural exchange program approved by the USCIS for the purpose of providing practical training, employment, and to share the history, culture, and traditions of the alien’s home country.
Including more than one alien in a petition
Aliens who will apply for their visas at the same consulate or, if they do not need visas, will enter at the same port of entry may be included in one petition if they will be involved in the same international cultural exchange program.
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Petition Document Requirements
A U.S. employer or foreign employer may file the I-129 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 USCIS;
- Will offer the alien 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.
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Carl Shusterman served as an INS Trial Attorney (1976-82) before opening an 8 attorney firm specializing in immigration law. He is a Certified Specialist in Immigration Law who has testified as an expert witness before the Senate Immigration Subcommittee. Carl as featured in the February 2018 edition of SuperLawyers Magazine.
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