What is the H3 visa?
The H3 Visa is a nonimmigrant visa that allows foreign citizens to temporarily enter the US as one of the following:
- A trainee who wants to receive training in any field other than graduate medical education
- A Special Education Exchange Visitor who intends to participate in a special education visitor training program designed to provide them with practical training and experience in the field of education of children with disabilities.
The H3 Visa allows individuals to receive training that is not available in their home countries. Nevertheless, the individuals coming to the US on the H3 Visa are not supposed to work. The purpose of the H3 Visa is to equip them with job-related training for a job that they will engage in outside the country. If you would like to work in the US, you should consider applying for one of the work visas for America.
How long is the H3 Visa valid for?
If your application for the H3 Visa is successful and you want to come to the US as a trainee, you will be able to enter the country and remain there for a period of up to two years.
If you are applying as a Special Education Visitor, you will be able to stay in the US for up two eighteen months.
While your visa is valid, you will be able to leave and reenter the US as many times as you want. It is not possible to extend the H3 Visa but visa holders can apply for a Change of Status.
Can my dependents come to the US with me on the H3 Visa?
If your application for the H3 Visa is successful, you will be able to take your dependants with you. That refers to your immediate relatives so your spouse and any unmarried children under the age of 21 you might have.
If you are an H3 Visa holder and you want your family to also come to the US, they will have to apply for an H4 Visa intended for dependents of H visa holders. Your loved ones can join you in the US, but they are not permitted to work while being there.
Your family can also come to the US for holidays. Then they could apply for a B2 Tourist Visitor Visa.
Who qualifies as a Trainee under the H3 Visa?
Those who want to get the H3 Visa and come to the US as trainees have to be invited by an individual or an organisation for the purpose of receiving training. The fields that the training can be in include:
These are just several examples of professions that you can receive training in but other professions are also eligible for the H3 Visa. If you want to find out whether the field you are interested in makes you eligible for the H3 Visa, talk to our expert immigration lawyers.
For an employer to receive H3 classification, they need to demonstrate that:
- The training the individual will receive is not available in the foreign citizen’s country of origin
- The individual coming to the US on the H3 Visa will not take the position that is normally given to US citizens
- The foreign citizen will not engage in regular employment
- The goal of the training will be to help the individual find employment abroad.
Who qualifies as a Special Education Exchange Visitor under the H3 Visa?
For a facility to be able to host Special Education Exchange Visitors, it has to have staff trained to take care of children with disabilities and a special program designed to provide them with an adequate education.
Moreover, individuals wanting to come to the US as Special Education need to meet at least one the following requirements:
- Have received a baccalaureate or higher degree in special education
- Be currently enrolled in but near the completion of their baccalaureate or higher degree in special education
- Have extensive experience working with children with disabilities. That includes physical, mental, or emotional disabilities.
There is a limit on how many foreign citizens can come to the US as Special Education Exchange Visitors each year. A maximum number of fifty individuals can be approved for this title in a fiscal year.
What are the H3 Visa requirements?
All applicants wanting to get the H3 Visa need to meet the following conditions:
- Not be coming to the US hoping to receive graduate medical training
- Being able to prove that similar training is not available in their home country
- The training they get in the US will help them find a job in another country
- Not be coming to the US hoping to work
- Not having US citizenship or permanent resident status.
The organisations wanting to host trainees or Special Education Exchange Visitors have to be able to present:
- Fixed schedule, goals, and description of the training
- The compatibility of the training with the field the applicant specialises in
- Proof that the training is not intended to help individuals find a job in the US
- Example how the H3 visa holder will use the skills they received in the US once they leave the country
- Evidence that the organisation is capable of hosting the training and its staff is properly trained to run it.
How to apply for the H3 Visa?
To be able to get the H3 Visa, the US employer or organisation must file Form I-129, Petition for Nonimmigrant Worker on your behalf. That means that your H3 Visa Sponsor needs to begin the application process.
In the petition, US employers or organisations need to include information that:
- Explains what the structure of the program will be and what supervision will be offered to participants
- Shows how long the training program will last
- Describes what skills the participant will receive thanks to the training program
- Explains why the applicant cannot receive the training in their home country
- Indicates why the US is the best place for the applicants to receive the training
- Mentions any remuneration that will be given to the participant of the training
- Explains what benefits to the employer hosting the foreign applicant will bring.
Once the H3 petition has been approved, the applicant can continue the process. First, they need to fill and submit Form DS-160 to the US Consulate in their home country. They also need to include a number of documents with the form. The required documents are:
- Form I-797
- A valid passport
- A passport size photograph
- Birth certificate
- Marriage certificate (if applicable)
- Evidence of ties to and employment in their home country.
How can Total Law help?
Our immigration lawyers have expert knowledge of the US immigration system. They will assess your eligibility for the H3 Visa and will guide you through the application process. Thanks to the help of our lawyers you can be sure that you have included all the required documents and that you submitted the application properly. This way, you can increase the chances of your visa application being successful.
If you hire one of our immigration lawyers, they will be there to assist you at any time of day and night. They will answer all your questions and provide you with constant support. You can expect to have them by your side from the start of the application process until the end.
If you want to know more about how our immigration lawyers can assist you, call us today on +1 844 290 6312.
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Unfortunately, there is no extension of the H3 Visa. If you currently hold the H3 visa and you want to extend your stay in the US, you can apply for a Change of Status. Even if you want to do that, however, you will first need to leave the country for six months once your H3 Visa expires.
The processing time of the H3 Visa varies, depending on the workload of the US Consulate in your home country. On average, however, the waiting time for the approval of the petition submitted by the US employer is four to six weeks. After that the processing time of the H3 Visa usually takes between one to three months.
If you want to apply for the H3 Visa, you have to be ready to pay $460 for the USCIS filing fee. If your visa application is urgent, you can pay additional $1440 for faster premium processing.
H3 Visa is a nonimmigrant visa category that allows foreign citizens to come to the US to receive training that will help them find employment in their home country or abroad but not in the US. While you are in the US on the H3 Visa, you will not be able to work unless it is absolutely essential for the training program and is a part of it.