USA and the UK
- What is the H-3 Visa?
- H3 Trainee Visa requirements
- H-3 Visa application process
- H3 visa documents
- How long can I stay in the U.S. with an H3 Visa?
- How can IAS help?
- What activities qualify for the H-3 Visa?
- Can I extend my H3 Visa status to my dependents?
- How much does H3 visa cost?
- How long does it take to get the H-3 visa?
The H3 Visa
The H3 Visa allows foreign nationals to temporarily enter the U.S. as either Trainees or Special Education Exchange Visitors.
This visa is available for two categories of applicants:
- Trainees seeking training in any field, and that is not available in their home country;
- Special Education Exchange Visitors, participating in a training program that involves children with disabilities.
Get in touch today to discuss you US visa application. You can use our online contact form or call us on +1 844 290 6312.
What is the H3 Visa?
The H3 visa is a non-immigrant visa available for foreign nationals who wish to enter the U.S. to receive training in a U.S company for the purpose of employment outside of the United States. This includes those who seek to gain practical training in educating children with physical, mental or emotional disabilities. However, applicants who wish to undertake a graduate program or medical training are not eligible for this permit.
An H3 Visa holder must have a foreign residence and have no intention of staying and working in the U.S. when their immigration status expires.
If you are applying for a Special Education Training Program, you cannot be engaged in the custodial care of children. Whilst both Trainees and Special Education Visitors can both apply for this type of visa, there is a cap of only 50 visas per fiscal year for the Special Education Exchange Visitor category.
If the H3 Visa petition is approved, trainees can remain in the USA for up to 2 years and Special Education Exchange Visitors can stay in the country for up to 18 months.
What are the H3 Visa requirements?
To qualify for an H3 classification, you must meet the following requirements:
- The training program must not be available in your home country
- You must not be seeking medical education or training
- You need this training to advance your career in any country outside the U.S.
- You will not pursue a career in the U.S.
- You cannot be placed in a position which is typically offered to U.S. citizens
- You must not already possess any valuable training or expertise in your field
You are allowed to study if this may support your training. However, since you must be engaged in your program on a full-time basis, you cannot join a full-length educational course. If you are a foreign pupil interested in studying as well as receiving training, you can submit a J1 Visa application.
How can I get a H3 Visa?
The H3 Visa process depends on your chosen program. The processing time may vary from a few weeks to three months in either case. Like the other H visa categories, the H3 visa process must be initiated by a US sponsor.
To apply as a trainee, the U.S. employer or organization must file Form I-129 (Petition for Non-immigrant Worker). The petition must include a written statement describing the structure of your training program. It is also important to stress how you are going to use this knowledge for your career outside the U.S.
Special Education Exchange Visitors petitions must be filed by the sponsor that is going to provide your training. It should include a detailed description of your role and your participation in the program.
In addition, your supporting documents must show that you hold or are nearing the completion of a degree in special education. Evidence of any prior training and experience in the same field can enhance your chances to get an H3 Visa.
Once the H3 petition has been approved, the trainee or special education participant can then apply for the H3 visa at a U.S Embassy in their home country.
H3 Visa Application Documents
When you apply for the H3 visa at your local U.S Embassy, you will be required to submit the following documents:
- Form DS-160 – this is the application form for a non-immigrant visa and must be completed online
- Form I-129 and Form I-797
- A valid passport
- Your birth certificate
- A passport sized photograph
- Documents which prove your intent to return to your home country – this can include documents such as a rental agreement or future job contract
You may be required to attend an interview after you have submitted the above documents in order to further assess whether you meet the eligibility requirements.
How Long can I tay in the U.S. with an H3 Visa?
The H3 visa is a non-immigrant permit that usually grants a period of stay of up to two years.
However, if you are applying as a Special Education Exchange Visitor, you can remain in the country for no more than 18 months.
There is no possibility of extension of an H3 Visa. Upon completion of your program, you must go back to your home country. You need to reside outside the U.S. for six months before you can re-apply for an H or L visa status.
Since this is a non-immigrant permit, it cannot be used as a pathway to permanent residency in the U.S. The only possible way to go from an H3 Visa to a Green card is to request a change of status. If you are participating in a training program, but find a job which requires an H-1B, H-2A, or H-2B visa, your employer can petition to USCIS for you to change your status.
How Can IAS Help?
The US immigration system is incredibly complex, which is why it is highly recommended that you seek the assistance of a professional immigration lawyer when applying for a US visa.
Our lawyers can assist you with every step of your H3 Visa application. If you choose to use our services you will be assigned a caseworker dedicated to helping you. Your lawyer can assess your eligibility for the H3 visa, can assist your US sponsor with filling in all of the petitions and application forms, can help you to gather the evidence required to prove that you meet the requirements and will be there to answer any questions that you may have.
To get started on your H-3 Visa application today, get in touch with our team on +1 844 290 6312.
Last modified on June 30th, 2023 at 7:18 am
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Any H3 Trainee Visa applicant must be sponsored by an U.S.-based organization or individual to receive training. This could be in any field, including commerce, transportation, finance, communications, and agriculture.
Although this program is aimed to provide job-related training, it cannot be intended to offer employment in the U.S.
Your immediate relatives, meaning your spouse and your unmarried children under the age of 21, can join you in the U.S.
They may apply for an H4 non-immigrant visa. However, they are not permitted to work while in the U.S.
Your family can also join you in the U.S. for a short-term holiday. To this end, you can support their application with an invitation letter for Tourist Visas.
Our specialists are experienced in assisting trainees coming to enhance their skills in the US.
As part of our service, you will be paired with one of our immigration advisors.
Your lawyer will:
- Review your supporting documents;
- Check if your trainee program meets the H3 Visa requirements;
- Liaise with your sponsor to support your application;
- Check if your I-129 petition has been filed properly;
- Assist you with your case from start to end.
If you want to know more information, call us on +1844 290 6312 or make an inquiry online.
The filing fee for the H-3 petition costs $460, once this has been approved the Trainee or Special Education Participant can apply for the H-3 visa at a U.S Embassy in their home country, the application fee is $205.
The processing time for a H3 visa varies, it generally takes between 4 to 6 weeks for the USCIS to process the visa petition. You should make sure that the U.S organization sponsoring you submits a petition at least 6 months prior to the start of your training program.
Once the petition is approved you can proceed with the application at your local U.S Embassy, the processing time here can also vary from 1 to 3 months.
You can pay a premium processing fee that will ensure your petition is processed by the USCIS within 15 calendar days.