H-3 VISA

Global Allianz Immigration consultants will prepare and file all the required forms and documents for H-3 visa.

It is the visa for the foreign nationals to receive training which is not available in their country. The H-3 visa is a non-immigrant visa which allows foreign nationals to enter the U.S. to receive training in a U.S. company. 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:

1. You are not receiving graduate medical education or training in the U.S.
2. The training offered does not employ U.S. citizen and resident workers.

There is a time limit of two years for the initial issue of an H-3 visa. Usually, it is issued for the time of the trainee-ship. If the alien stays in the U.S. for full two years, he/she has to leave the U.S. for six months in order to receive a new H or L visa.

H-3 Visa is Suitable For:-

1. Foreign nationals to receive training which is not available in their country.
2. Foreign nationals as special exchange visitors to receive training in educating children with physical, mental or emotional disabilities.
3. Multinational companies to send their foreign employees to the U.S. for on-the-job training.

How to Apply?

The Form I-129 visa petition must be submitted by the U.S. employer to the INS Regional Service Center that has jurisdiction over the place of intended employment.

Documentation Requirements

The documentation that is required to be filed with the I-129 petition varies depending on the H-3 sub-category in which the alien is seeking to obtain training.

For those individuals seeking to obtain training in a special education training program, the petition must be filed with the following documentation:-

1. A description of the training, staff, and facilities;
2. 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;
3. Details of the alien’s participation in the program;
4. Documentation that the alien 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.

For those individuals seeking to obtain training from an employer in any other field (other than graduate education or training), the petition must be filed with the following documentation:-

1. A detailed description of the structured training program, including the number of classroom hours per week, and the number of hours of on-the-job training per week;
2. A summary of the prior training and experience of the alien; and
3. An explanation of why the training is required, whether similar training is available in the alien’s country, how the training will benefit the alien in pursuing a career abroad, and why the employer is willing to incur the cost of providing the training without significant productive labor.

Duration of Visa

An H-3 visa for an alien trainee may be valid for a period upto two years.

An H-3 visa for an alien participant in a special education training program may be valid for upto 18 months.

If H-3 visa holder has remained in the U.S. for the maximum period of time, as stated above; he/she may not seek a change of status, extension, or re-admission to the U.S. in H or L status until he/she has resided outside the U.S. for a period of six months.