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H 3 Visa

Published May 26, 2021 by Brooks Law Firm
H 3 Visa

Visa H3

People invited to participate in training programs in the United States can use the H-3 visa. This is applicable in a situation where a branch of their company is based in the United States, or when an unrelated U.S. company is offering the training. But for you to qualify, the training should not be available in your home country.

Advantages Of The H-3 Visa

The following are some of the advantages of the H-3 visa:

  • You can participate in the training program offered by the U.S. company and legally work for that U.S. company as long as the work is related to the training program.
  • Your H-3 visa allows you to stay in the U.S. for as long as it takes to complete the program and the length of time may be extended if you have not completed your training within the original time period
  • You can travel to and from the U.S. using your H-3 visa as long as it is still valid
  • Your spouse and minor children can come and join you in the U.S. using the H-4 visa

Disadvantages Of The H-3 Visa

H 3 VisaThe following are some of the limitations of the H-3 visa:

  • You can only work for the employer sponsored you to get the H-3 visa and added you to the training program
  • If you stay in the U.S. for the maximum period of two years, you cannot seek an extension or re-admission into the country until six months have passed after your H-3 visa expired
  • Your close family members cannot be employed in the United States if you are a H-3 visa holder

Do you qualify for a H-3 Visa

As long as you are coming to the U.S. to complete an on-the-job training provided by a U.S. company, you qualify for the H-3 visa. But the main reason for coming should be to get training, which means that any work you do should be directly connected to your training. You can get a H-3 visa to receive training in commerce, industry, agriculture, communications, transportation, or government practice.

Applicants must provide the following evidence that:

  • The training is meant to advance their careers in places outside of the United States
  • They don’t have a similar training program in your home country
  • They actually need the training
  • They received a formal invitation from the organization offering the training
  • The program has nothing to do with medical training
  • They will not get full time employment  in the United States  and any work they get is supervised by the training program

Applying For H-3 Visa

Only the institution where the training program is held is responsible for initiating the H-3 visa. They do this by petitioning the USCIS to allow the foreign person to attend the training program. They have to include a detailed description of the training program and the profile of the applicant in their petition.

The institution will need to file Form I-129 to the USCIS and pay a fee of $460. They should do these 6 months before the training program begins. Once the USCIS approves the petition, the applicant can start applying for the H-3 visa. If the USCIS approves, the applicant will then get to attend the program.

You May Also Be Interested In…

  1. Applying For A-1 And A-2 Visas
  2. How To Prevent Deportation
  3. How To Get PERM Labor Certification

 

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