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what is h3 visa in usa

by Alexis Bosco Published 3 years ago Updated 2 years ago
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The H-3 nonimmigrant visa category allows noncitizens coming temporarily to the United States as either a: Trainee to receive training in any field of endeavor, other than graduate medical education or training, that is not available in the noncitizen's home country.Feb 24, 2021

What is a H3 visa for training?

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.

What is the difference between H-2 and H-3 visas?

The H-2 category allows U.S. employers to bring noncitizens into the U.S. on temporary agricultural (H-2A) and non-agricultural (H-2B) visas. The H-3 category allows for noncitizens coming temporarily to the United States to either receive training or to participate in a special education exchange visitor training program.

How do I get a H3 visa for USA?

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.

How long is a H-3 visa valid for?

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?

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How much does H-3 visa cost?

USCIS Fees: $460 for the USCIS I-129 Petition, if filed with USCIS.

How long is H-3 visa valid for?

2 yearsH3 Visa Privileges H3 trainees may stay in the United States for up to 2 years, whereas Special Education Visitors are permitted to stay for up to 18 months. No extensions are available, but H3 holders may apply for a Change of Status.

How can I get H-3 visa in USA?

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. Note: The petition should not be filed more than six months prior to the commencement of the program.

How long does an H-3 visa take?

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.

Who qualifies for an H-3 visa?

The H-3 nonimmigrant visa category allows noncitizens coming temporarily to the United States as either a: Trainee to receive training in any field of endeavor, other than graduate medical education or training, that is not available in the noncitizen's home country.

Can H-3 visa work?

The H-3 visa holder can participate in a training program offered by a U.S. company and work legally in the U.S. for the company that is doing the training, so long as that work is incidental to the training program.

What is h3 and H4 visa?

An H-4 visa is a United States visa issued to dependent family members of H-1B, H-1B1, H-2A, H-2B, and H-3 visa holders to allow them to travel to the United States to accompany or reunite with the principal visa holder. A dependent family member is a spouse or unmarried child under the age of 21.

What is H4 visa status?

The H-4 status of an eligible spouse or child is dependent on the primary worker maintaining a valid immigration status. Thus, these individuals are referred to as “H-4 dependents.” H-4 dependents can attend school.

What is H4 visa in USA?

What is the H4 visa? An H4 Visa is issued to dependent family members of those who received H temporary employment visas. In other words, it is available for the immediate family members of the following permit categories: H-1B Specialty Occupation Visa.

What is h2 visa for USA?

The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs.

What visa do I need to apply for training in USA?

J-1 training visaTo train in the United States legally you are required to have a J-1 training visa. CIPUSA is authorized by the U. S. Department of State as a J-1 training sponsor. The J-1 training visa is a non-immigrant exchange visitor's training visa that is valid for a specific period of time, no more than eighteen months.

What are 3 types of nonimmigrant visas?

What are the nonimmigrant visa types? There are three primary nonimmigrant visa categories. You can visit the United States for temporary tourism or business, study, and work.

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 co...

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, financ...

3. 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...

4. 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...

5. 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 n...

6. 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 Nonimmi...

7. Are there any travel restrictions on H-3 visa?

No, there are no travel restrictions on H-3 visa. You may travel as many number of times as required before the expiry of your H-3 status. The USCI...

8. 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 b...

9. 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...

What is an H3 visa?

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. Note: Special Exchange Visitors may also apply for nonimmigrant ...

How to 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 .

Where to file DS-160?

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:

How many forms of H3 visas are there?

There are two forms of H3 visa…

How long can an H3 stay in the US?

H3 trainees may stay in the United States for up to 2 years, whereas Special Education Visitors are permitted to stay for up to 18 months.#N#No extensions are available, but H3 holders may apply for a Change of Status.

What is the intent of H3 training?

The intent of the training must be to enable the trainee to work that will be carried out outside the U.S.. H3 visas should not be used with the intention of employing the trainee within the United States.

What statement must be made without the petitioner permanently employing the trainee?

Statement of how the training will be funded, which must be without the petitioner permanently employing the trainee.

What is the purpose of H3?

The primary purpose of the H3 is to enable U.S. employers to bring in foreign staff to receive essential training in the United States that would not normally be available elsewhere. Training can be in a wide variety of areas, from agriculture to transportation, commerce to computing. There are two forms of H3 visa….

Is H3 visa the same as J1 visa?

The H3 is most similar to J1 visa, so it is worth comparing the two. H3 can sometimes migrate to H1B visas (which are more desirable but more challenging to obtain, and also capped).

Can H3 visas be used for training?

H3 visas should not be used with the intention of employing the trainee within the United States. They must provide a detailed break-down of the training program, listing number of hours spent each week in the classroom versus hands-on training.

Employment-Based Immigration

The H-3 classification is a nonimmigrant visa designed to accommodate temporary occupational field training. The H-3 visa is designed for people who cannot find equivalent training in their home countries and who intend to return home after training in their field.

Accompanying Family Members

Under an H-4 visa, your spouse and unmarried children under 21 may accompany the H-3 visa holder to the US, or to follow to join you later. H-4 spouses and children may not work in the United States. Unmarried children who are H-4 visa holders may attend school, of course, and even spouses can attend school part-time.

Application Process

Apply for approval from the US Citizenship and Immigration Service (USCIS). The petitioning US company or organization does this by filing Form I-129, Petition for Non-immigrant Worker together with certain supporting documents.

Requirements for an H-3 Visa: What You Need to Prove

To obtain an H-3 visa, you and your organization must demonstrate, through documentary evidence, the following:

How the USCIS Evaluates H-3 Petitions

The USCIS will carefully scrutinize your Form I-129 application package based on preset criteria that are applied to a description of the training that your sponsor will provide. Following is a summary of some of the factors that the USCIS will consider.

Get Started by Contacting Herman Legal Group, LLC Today

If you seek an H-3 visa for yourself, or if you plan to petition the USCIS to train foreign nationals, a seasoned H-3 immigration attorney can greatly increase your likelihood of success.

Can I work on H3 Visa?

Yes, you may earn credits at a university to assist your training. No full-length courses for F-1 visa holders. Your work should be confined to minimum hours and in the training sector.

Is there an H-3 visa travel restriction?

You may travel as many times as you need before your H-3 status expires. In addition, there is no time restriction set by the USCIS.

What is an H-2 visa?

The H-2 category allows U.S. employers to bring noncitizens into the U.S. on temporary agricultural (H-2A) and non-agricultural (H-2B) visas. The H-3 category allows for noncitizens coming temporarily to the United States to either receive training or to participate in a special education exchange visitor training program.

What is the eligibility for H-2A?

Eligibility for H-2A: To qualify for H-2A nonimmigrant classification, the petitioner must: Offer a job that is temporary or seasonal; Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work; Show that prospective employees are nationals of an H-2A eligible country ...

What is an H-3 visa?

The H-3 nonimmigrant visa is useful for a limited group of people; namely those who have been invited to participate in a training program in the United States. The training may be offered by a U.S. branch of their own company or by an unrelated U.S. company. However, the training must be unavailable in the worker's home country.

What type of training programs lead to H-3 visas?

The type of training programs that successfully lead to H-3 visas usually exist in one of two situations. Either a multinational company with branches in various countries wishes to train employees in its U.S. branches before sending them to work elsewhere; or, a U.S. company wishes to establish a beneficial business relationship with a foreign company.

Can a spouse get an H-4 visa?

Visas (H-4) are available for an accompanying spouse and minor children (unmarried and under age 21). Spouses and children may not accept employment in the United States. Children are expected to attend school, and adults can attend school part-time under the terms of the H-4 visa. If the training in H-3 status lasts more than two years, ...

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:

What are the privileges to 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.

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.

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 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.

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

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:

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Special Education Exchange Visitor

  • There is a numerical limit (or “cap”) on the number of H-3 special education exchange visitors. No more than 50 may be approved in a fiscal year. A petition requesting an H-3 “special education exchange visitor” must be filed by a facility which has professionally trained staff and a structure…
See more on uscis.gov

Application Process

  • In order to obtain H-3 classification, the U.S. employer or organization must file a Form I-129, Petition for Nonimmigrant Worker. The petition must be filed with the information provided above.
See more on uscis.gov

Period of Stay

  • If the petition is approved, the trainee may be allowed to remain in the United States for up to 2 years. If the trainee petition is approved for a special education exchange visitor, the trainee may remain in the United States for up to 18 months.
See more on uscis.gov

Family of H-3 Visa Holders

  • Trainees' spouses and children who are under the age of 21 may accompany them to the United States as H-4 nonimmigrants. However, H-4 nonimmigrants are not permitted to work in the United States.
See more on uscis.gov

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