H3 Visa

Some training programs may not be approved for the US H3 visa. Before starting your H3 visa application with a trainee petition, ensure you know what training programs may not be approved. Some of those programs include those that:

• Don’t have a fixed schedule, objectives, or can be evaluated
• Don’t have a fixed schedule
• Are incompatible with the U.S business that invited the trainee
• Are for a trainee that already has substantial training and expertise in that area
• Are in a field where the knowledge or skill is unlikely to be used outside the US
• Will lead to productive employment besides what’s necessary to the training
• Is designed to train non-citizens of the US to recruit them as staff in the US.
• Are designed to extend the time allowed for practical training that was authorised for a nonimmigrant student, previously

Also, suppose the petitioner (the US organisation sponsoring the training) cannot establish that they have a physical plan and the trained manpower to provide the training. In that case, the petition may not be approved for H3 classification.

The H3 visa application documents for both forms of the H3 visa differ. However, the H3 process is similar for both programs. Like the H2B visa and other H visa categories, the US sponsor must begin the application process.

To get H3 classification, the petitioner (US employer or organisation) must file a Form I-129, Petition for Non-immigrant Worker. This petition must include a written statement and supporting documents.

The sponsor can file a petition for multiple applicants at the same time as long as all the trainees will receive the same training program at the same time and location.

After the USCIS approves the H3 petition, the foreign national who is to become a trainee or special education participant can apply for the H3 visa at the US Embassy or consulates in the United Kingdom.

The written statement must provide a detailed description of the:

• Training and program the foreign national will receive
• Facility’s professional staff
• Participation and activities of the foreign national in the training program

In the petition, the US sponsor must emphasise how you (the special education exchange visitor) will use your knowledge outside the US.

Also, you will provide supporting documents to prove that you how or are nearing the completion of a bachelor’s degree or higher education degree in special education and evidence of any training and experience you have in the same field.

In the written statement submitted for the H3 trainee and proposed training, there must be a detailed description of:

• The type of training and supervision
• Structure of the program
• The time that the UK citizen will devote to productive employment
• The number of classroom hours spent on the training
• The number of hours spent on the job
• The UK citizen’s career abroad that is connected with the training
• Why the training cannot be done in the trainee’s home country and why the training must be done in the US
• Any remuneration received by the training and the source of the said remuneration
• The benefit the US organisation will get from providing the training

We can assist you with your H3 visa application. For more information, call 0333 305 9375. You can also contact us online.

After officers have reviewed every evidence provided in your sponsor’s petition and have deemed them to be relevant, credible, and sufficient for the H3 visa, you can apply for the H3 visa at the US Embassy in the UK. When applying, you are required to submit some documents that include:

• A completed Form DS-160
• Form I-129 and Form I-797
• Your birth certificate
• A copy of your valid passport
• A passport photograph
• Proof of your intent to return to the UK, such as a future job contract

Depending on your situation, you may need to attend a visa interview so that the Embassy or consulate can further assess your eligibility for the H3 visa.

Officers in the US will review your sponsor’s petition before you can apply. Your application will also be reviewed in the US Embassy. All of those take time.

The H3 visa processing time depends on your program and may vary from a few weeks to three months.

H3 trainees or special education visitors can extend their visas, depending on how long they have stayed in the US. You can extend your H3 visa if your original stay in the US on an H3 visa for up to two years (for trainees) or 18 months (for special education exchange visitors).

To extend your visa, your US sponsor must file another petition using Form I-129 and H Classification Supplement. This petition will be fully documented in the same way the first petition was and include:

• A letter from the US sponsor that is:
• Requesting the extension of the H3 status for the trainee; and
• Explaining why the training hadn’t been completed
• A copy of the UK citizen’s Form I-94 and Form I-797

Also, when applying for a visa extension, the H4 dependent will need to submit an application to extend or change non-immigrant visa status through Form I-539. While doing so, they must provide proof of their relationship with the H3 beneficiary, such as a marriage or birth certificate and other documents.

The H3 trainees or special education exchange visitors have a different maximum period of stay that can be approved. The H3 trainees may remain in the United States for up to 2 years, while the Special Education visitors may be permitted to stay for up to 18 months.

You cannot apply to extend the H3 visa. You must leave the United States when your visa expires and reside outside the US for at least six months before you can start an application for an H or L visa.

Dependents can join H3 visa holders in the US. Allowed dependents are the legal spouse and unmarried children under the age of 21. To bring your spouse and unmarried children with you, your dependents must apply for the H4 visa. They can apply for their visa when you are applying for yours.

If they are approved for the H4 visa, they can come to the US from their home country to live for as long as their authorisation is valid, but they are not permitted to work. However, they can pursue education and open a bank account in the US.