To be eligible for a Q visa, the applicant must:
Show he/she has a residence abroad which he/she does not intend to abandon;
Be at least 18 years old;
Be qualified to perform the service or labor, or receive the type of training specified in the petition;
Have the English language skills to communicate effectively about the culture of his/her country to the American public; and
Have been outside the U.S. for the immediately preceding year if previously admitted as a Q nonimmigrant.
The applicant's employer must:
Have maintained an established cultural exchange program that is intended to enhance recognition by the American public of unique aspects of the alien's home country;
Have been designated a qualified employer for administering the program and serving as a liaison with the U.S. Citizenship and Immigration Services (USCIS);
Have been doing business in the United States for the past two years;
Have offered the alien wages and working conditions comparable to those accorded domestic workers similarly employed;
Employ at least ten full-time U.S. workers;
Have the financial ability to pay the participants;
Be in compliance with the Immigration Service employer sanctions regulations; and
Not be using the cultural exchange program as a means to circumvent other immigration procedures.
The employer must also show that the cultural component of this program is an essential and integral part of the service performed or the training received by the foreign participant.
(Updated 10/09/12 by NT)
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