The most common questions about H-3 visas are found in these frequently asked questions:
How does and Applicant qualify for the H3 Visa?
Those applicants to the USCIS seeking qualification for the H-3 Visa must be entering the country for the purposes of receiving training in agriculture, commerce, finance, industry, or government practice. To participate in the H-3 Visa program, and applicant must evidence:
- They are not enrolled in a graduate medical program or similar training in the country
- They do not have the same training opportunity available to them in the their home country
- They require the training to advance career interests outside of the jurisdiction of the U.S.
- They are not productively employed unless requisite to the training relationship
- The training is not an employer of U.S. citizen or resident workers
What are the privileges to the H-3 Visa?
Entry to the U.S. for purposes of training in a professional program designated for a temporary period of not more than two years is provided with the H-3 Visa. Holder of H-3 Visas have the option of multiple entry to the U.S., or alternately remaining in the country continuously for the validity period. Family members may enter the U.S. with an H-3 Visa holder for the duration of the visa. Dependent spouses and unmarried children under the age of 21 are eligible under USCIS rules to H-3 Visas.
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 lapsed from time of visa expiration
- H-3 Visa holder family members may not be employed in the U.S.
How can an H-3 Visa holder obtain an extension?
There are not extensions offered for H-3 Visa holders beyond the 2 year stipulated time limit.
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 Applicatoin to Extend of Change Nonimmigrant status is filed by submitting Form I-539.
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.
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.
Can I work or study on the H-3 Visa?
College and university credits are available to H-3 Visa holders if evidenced 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.
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.
Can dependents work on the H-4 Visa?
Dependent family members may not work on the H-4 Visa.
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.
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
Note: 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.
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
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.
How we can help
Are you interested in filing for an H-3 visa? KPPB Law wants to help you! Our competent and professional staff is here to ensure the best possible result for your case by properly initiating, filing and managing your case. Interested in hearing more? Contact us by calling 703-594-4040 or fill out our online form. Don’t wait – consultations are always free. Contact us today!