Question 1. What Is H3 Visa?
The H-3 visa is a nonimmigrant visa which allows foreign nationals to enter the U.S. to receive training in a U.S. company. However, you may not come for a graduate program or medical training, and the training cannot be available in the trainee’s home country.
Special Exchange Visitors may also apply for nonimmigrant visas under the H-3 category. A Special Exchange Visitor is one who seeks to enter the U.S. to gain practical training in educating children with physical, mental, or emotional disabilities. The foreign national must have a foreign residence that he/she has no intention of abandoning, and may stay in the U.S. for up to 18 months. Only 50 foreign nationals per year may enter into the U.S. in the Special Exchange Visitor category.
Question 2. How Do I Qualify For H3 Visa?
To qualify for H-3 visa, you must be coming to the U.S. to receive training in areas such as commerce, agriculture, government, professions, finance, agriculture, or in an industrial establishment.
You must prove that:
- You are not receiving graduate medical education or training in the U.S.
- You do not have the opportunity to receive similar training in your home country
- You need this training to advance your career outside the U.S.
- You will not be productively employed unless it is necessary to the training
- The training offered does not employ U.S. citizen and resident workers
Question 3. What Are The Steps After The H-3 Petition Is Approved?
After the H-3 Petition is approved, an H-3 Visa applicant should file the Form DS-160, Application for Nonimmigrant Visa with a nearby U.S. Consulate:
- Filing of the Form I-797 Notice of Approval
- Valid passport for the applicant and each dependent family member accompanying the applicant
- A single passport regulation photo of the applicant and each dependent family member accompanying the applicant
- Birth certificate for the applicant and each dependent family member accompanying the applicant
- Marriage certificate showing registration of status between applicant and spouse
- Documents evidencing address of applicant or close family members’ property in home country as permanent residence
- Documents providing proof of employment on return to home country or other foreign destination
Question 4. What Is The Standard Processing Time For The H-3 Visa?
The standard processing time for the H-3 Petition is four to six weeks, followed by a one to three month H-3 Visa application processing time.
Question 5. What Privileges Do I Enjoy On H-3 Visa?
On H-3 visa, you may:
- Enter into the U.S. and get trained in a professional capacity for a temporary period
- Travel in and out of the U.S. or remain in the U.S. continuously during the validity of your H-3 visa
- Bring your dependent spouse as well as unmarried children under 21 on H-4 visa
Question 6. What Are The Limitations Of H3 Work Visa?
The limitations of H3 work visa are:
- The training program must be provided by the U.S. company which petitions for the foreign national
- Physicians are ineligible for the H-3 classification to receive any type of medical training or education
- If the H-3 visa holder remains in the U.S. for the maximum period of time, (s)he may not seek a change of status, extension, or readmission to the U.S. in H or L status until (s)he has resided outside of the U.S. for a period of six months
- Dependents of H-3 visa holders may not work in the U.S
Question 7. Can I Extend My Stay On H-3 Visa?
No, you may not apply for extension of stay on H-3 visa. Upon the completion of the period of stay you are supposed to leave the U.S. as there is no extension facility for this visa.
Question 8. Can I Change Status While On H-3 Visa?
Yes, you may apply for change of status while on H-3 visa. If you are taking up a job, have your employer file Form I-129, Petition for Nonimmigrant Worker, at the USCIS Regional Service Center with jurisdiction over your case if you are trying to change to H-1B or TN. Make sure your employer files for your spouse and children on Form I-539, Application to Extend or Change Nonimmigrant Status.
Question 9. What Are The Additional Documents Are Required For The H-3 Visa?
- Description of the training program, facilities, staff, number of classroom hours and on-the-job training hours per week
- Outline of trainee participation in the program
- Compensation details to the trainee where applicable
- Reasons for the trainee participation in the training program
Special Education Trainees require evidence that the program offers special education training to professionals engaged in educating children with disabilities in another country, and that similar training is not offered in the home country of the applicant.
Question 10. Can Dependents Study On The H-4 Visa?
Dependent family members can study on the H-4 Visa, and do not require a separate F-1 Student Visa application to enroll part-time in program.
Question 11. Can Dependents Work On The H-4 Visa?
Dependent family members may not work on the H-4 Visa.
Question 12. What Is The Validity Of H-3 Visa?
The H-3 visa for a foreign national:
- Trainee may be valid for a period of up to two years
- Participant in a special education training program may be valid for up to 18 months
Question 13. Can I Study Or Work On H-3 Visa?
Yes, you may take a few credits at a university which might support your training program. However, you may not join a full length course like an F-1 visa holder. Your employment should be limited to minimum hours and should be in the field of the training program.
Question 14. Can I Bring My Dependents On H-3 Visa?
No, your dependents may not work on H-4 visa. They have to apply for appropriate Work Visa.
Question 15. Can My Dependents Study On H-4 Visa?
Yes, your dependents may study on H-4 visa. They do not have to apply for separate F-1 student visa. They can study on the same dependent H-4 visa.
Question 16. Can Dependents Enter On The H-3 Visa?
Dependent spouses and unmarried children under the age of 21 years may accompany an H-3 Visa holder under USCIS H-4 Visa status.
Question 17. Can I Work Or Study On The H-3 Visa?
College and university credits are available to H-3 Visa holders of evidence that those courses support the designated training program. Full-time enrollment in a higher education program in lieu of a training program, however, is not permitted under H-3 Visa status. Employment is limited to a minimum hour scale accorded for completion of a training program in a field.
Question 18. What Is The Condition For H-3 Visa Validity?
The H-3 visa provides foreign nationals entry to the U.S. for a training program, of a period of up two years. Participants in Special Education Training programs hold H-3 Visas valid for up to an 18 month period.
Question 19. What Are The Travel Restrictions For The H-3 Visa?
There are not restrictions to travel for H-3 Visa. Multiple entry to the U.S. can be made during the schedule of the H-3 Visa prior to expiry. There are not USCIS limits to time spent outside of the country during the visa period.
Question 20. How Can An H-3 Visa Holder Change Status?
H-3 Visa holders can apply for a change of status if hired for a job. Employer sponsorship is initiated with an employer filing of the USCIS Form I-129, Petition for Nonimmigrant Worker status. Change of status can be performed by submitting the Form I-129 to a Regional Service Center assigned jurisdiction over a visa holder’s case. Family member Application to Extend of Change Nonimmigrant status is filed by submitting Form I-539.
Question 21. How Do I Apply For H-3 Visa?
To apply for H-3 visa, your U.S. employer must submit Form I-129, Petition for Nonimmigrant Worker, with the regional USCIS center that has jurisdiction over the place where the training will be offered.
The petition should not be filed more than six months prior to the commencement of the program.
Question 22. What Additional Documents Are Required For H-3 Visa?
The documents required with the H-3 petition are:
- A description of the training program, staff, facilities, number of classroom hours per week, and the number of hours of on-the-job training per week
- Details of the trainee participation in the program
- Details of compensation to the trainee, if any
- Reasons why a trainee needs the training
- For Special education training programs:
- Evidence that the program provides special education to children with physical, mental, or emotional disabilities, and that any custodial care of the children is only incidental to the training program
If the documentation says that the foreign national is nearing the completion of a baccalaureate degree in special education, already holds such a degree, or has extensive experience in teaching children with physical, mental, or emotional disabilities it would be an added advantage.
Question 23. What Should I Do After My H-3 Petition Is Accepted?
After the acceptance of the petition, you should file Form DS-160, Application for Nonimmigrant Visa, at the American Consulate near your residence along with the following documents:
- Form I-797, Notice of Approval of the H-3 visa petition
- Valid passport for you and each accompanying relative
- One passport-type photo of you and each accompanying relative
- Long form birth certificate for you and each accompanying relative
- Marriage certificate if you are married and bringing your spouse
- Documents showing that close family members or property are being left behind in your home country
- Documents showing a job is waiting on your return to your home country
Question 24. What Is The Processing Time For H-3 Visa?
The processing time for H-3 petition is about four to six weeks, and it takes one to three months to process the H-3 visa application.
Question 25. What Are The Restrictions To The H3 Visa?
Limitations to the H-3 Visa are found in the following restrictions:
- Sponsoring U.S. companies must be eligible for petitioning for application to the H-3 Visa by the foreign national
- Physicians do not meet the eligibility criteria to application for the H-3 Visa
- H-3 Visa holders remaining in the country for the maximum period of two years may not seek extension, change of status, extension, or readmission to the country for a period of six months has elapsed from time of visa expiration
- H-3 Visa holder family members may not be employed in the U.S.
Question 26. How Can An H-3 Visa Holder Obtain An Extension?
There are not extensions offered for H-2 Visa holders beyond the 2 year stipulated time limit.
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