Affidavit Of Support Poverty Guidelines Notes on Affidavit of Support Income Requirements: You must submit an affidavit of support (form I-864) if you sponsored an immediate family member by filing Form I-130. Filing the affidavit is also required If you are filing an employment based petition for a foreign relative. With this affidavit, the government requires the petitioner to reimburse the government for any means-tested public benefits that the beneficiary of the petition receives. These benefits include things such as SSI, Supplemental Insurance Income, and Temporary Assistance for Needy Families (TANF).That means the petitioner is taking financial responsibility for the family member seeking a green card. Affidavit of Support Income Requirements For The Petitioner The petitioner can only file an affidavit of support if: The petitioner is a U.S. citizen or U.S. green card holder and is living in the United States The petitioner is 18 years of age or older The petitioner has an annual income that is at least 125% of the current Federal Poverty Guidelines based on household size. That means the more people you have in your household the higher your income will need to be for you to qualify Sponsors that earn less income can use their assets to meet these financial requirements or have a co-sponsor help them meet the income or asset requirements. A co-sponsor can either be a household member or a non-family member. Talk to an experienced immigration lawyer to help you calculate whether you meet the qualifications. Can The Financial Obligations End? Since an affidavit of support is a contract between the petitioner and the U.S. government, the petitioner’s obligations can only end when: The person being sponsored for a green card becomes a U.S. citizen The person being sponsored for a green card has worked in the United States for 40 quarters Either the person sponsoring the green card or the person being sponsored dies The person being sponsored for the green card relocates permanently from the United States to another country Requirements For The Sponsored Person? For the foreign person to get an immigrant visa or adjustment status, they must submit Form I-864 completed by the petitioner. The foreign person should be: The immediate family members of the U.S. citizen such as the parents, spouses, and unmarried children under the age of 21 Relatives in the first preference category, which include the unmarried daughters and sons of U.S. citizens. The sons and daughters must be 21 years or older Relatives in the second preference category including a spouse of a permanent resident and the unmarried child of any age of permanent residents and their unmarried daughters and sons Relatives in third preference category including the married children of U.S. cities and their spouses and unmarried children Fourth category relatives include the brothers and sisters of U.S. citizens, their spouses and their unmarried minor children People who don’t need to submit an Affidavit of Support include: People that have worked 40 qualifying quarters (credits) in the United People with an approved From I-360, Petition for Amerasian, Widow(wer), or Special immigrant as a self-petitioning widow or widower Foreign orphans adopted by U.S. citizens abroad You May Also Be Interested In… USA H1B Visas What You Get With A Q-1 Visa Advantages Of The H-3 Visa

INA Section 245 I Adjustment of Status Under Section 245(i) People who entered the country unlawfully or overstayed their status can get a green card according to section 245i. They need to submit form I-485 and pay the required fee and wait for the application to be approved. Once they apply for an unlawful presence waiver they can wait for their green card while they are staying in the United States. Background Of Section Act 245i Congress enacted section 245(i) in 1994 to permit people that entered without inspection, overstayed, or worked without authorization to adjust their status without leaving the U.S. after paying the penalty fee. Later in 2000 legislation called the Legal Immigration Family Equity (LIFE) Act advanced the filing deadline to April 30, 2001. It also required applicants to be present in the United States when the act went into effect on December 21, 2000. Before that, only people whose immigration petition had been submitted and approved by October 1, 1997 could take advantage of section 245(i). After Congress made the law permanent in 1998, they set new filing deadlines for foreigners being sponsored by employers or immediate family members if the petitions were filed before January 14, 1998. The LIFE Act expanded the deadline and also the law accessible to other immigrant categories. But the law has not been updated for a long time, which means that people that filed their petitions more recently may have difficulty changing their status. Congress can choose to eliminate the need for filing deadlines, which will eliminate the need for future updates. Talk to an experienced immigration lawyer to help you through the process of adjusting your status. Do You Qualify Under Section 245i? You qualify for status adjustment if: You were physically present in the United States You have evidence that you were present in the USA in December 21,2000 and the petition was filed between January 15, 1988, and April 30, 2001. An employer files or an immediate family member files an immigration petition on your behalf You have paid $1,000 fee You have an immediately available visa You still have a chance of getting a green card even if: The person that filed an immigration petition on your behalf has died The immediate family member who was sponsoring your visa has divorced you Your employer who filed the labor certification or Form I-140 go out of business Sponsoring employer or petitioner cannot maintain the labor certification application or petition Employer or petitioner decides to withdraw the petition or labor certification If the application was done the right way, you don’t have to worry about the process not getting completed. Fortunately, your immediate family members do not have to prove that they were present in the United States in December 21,2000. Why Do You Need An Immigration Lawyer? Since the immigration process is complicated, you need a lawyer with experience and thorough knowledge of immigration law. An experienced immigration lawyer can guide through the adjustment of status process, and help you gather documents and evidence that you need in your case. A lawyer can help increase the chances of getting your application approved. You May Also Be Interested In… How To Reschedule Biometric Services What You Get With A Q-1 Visa What Is L1 Visa

U.S. Citizen Petition For Parents How Long Does It Take Adult U.S. citizens can sponsor green cards for their parents. If you are 21 years or older, your parents are considered as your immediate relatives which means they are not subject to yearly immigration quotas. The process for sponsoring a green card is determined by whether the parents entered the U.S. legally or they entered without inspection. Green Card Process For Parents Residing In U.S. Legally People sponsoring their parents that live legally in the United States only have to wait for 12 months after submitting their application. They need to submit an affidavit of support for each parent at around the same time they file their petition. The U.S. citizen sponsoring their parents must: Submit documents that prove their U.S. citizenship File form I-130 visa petition for each parent Documents proving that the people being sponsored are their parents Each parent should submit form I-485 application at the same time their child files the petition. This form allows them to adjust their status to lawful permanent residents, which comes with a number of advantages including ability to work in the United States. They should also apply for international travel permits and work permits. Each parent will have to be finger-printed and complete a medical examination before they receive their Employment Authorization Documents (EADs) or work permits and travel permits. The waiting period for these permits is only 6 months but they will have to wait a few months longer to receive an interview at a USCIS office. What If Your Parents Don’t Live in The U.S? For situations where the parents are living abroad at the time of your petition, you need to submit: Evidence that you are a U.S. citizen Proof that you are 21 years of age or older Form I-130 for each parent Birth certificate or other document that proves that they are your parents After approving your petition, the USCIS will forward it to the National Visa Center. The petitioner must file an Affidavit of Support for each parent to assure the government that they are willing to take financial responsibility for the parents. Your parents will receive information about their visa interviews from the NVC and they will be interviewed in a US Consulate or Embassy in their home country. If their green card application is approved, your parents will only have 6 months to come to the United States. The Customs Border Protection will review their paperwork when they arrive at a U.S. airport. If everything is correct in their paperwork, the Customs Border Protection will stamp their passports. Stamped passports mean that they have officially become lawful permanent residents. What Your Parents Should Know After Getting Their Green Cards The green card is supposed to indicate that the United States is now your parent’s permanent home. This document is not meant to make their visits to the U.S. easier. If they use it to facilitate long visits to the U.S., they may risk facing “abandonment of residence” issues. That simply means that an assumption will be made that their real home is not the United States. They can easily lose their green cards even if they stay out of the United States for a short time. You May Also Be Interested In… How To Get PERM Labor Certification Applying For A-1 And A-2 Visas Advantages Of The H-3 Visa

Immigration Court Case Status Eoir Case Status Online All immigration cases are decided by the Executive Office for Immigration Review (EOIR). This office is a sub-agency of the United States Department of Justice. You can check your EOIR case status online or by telephone if you fall in the following categories: You applied for a United States passport Your case is pending in a USCIS Service Center Your J Waiver request is pending before the State Department You applied for a copy of your file under the Freedom of Information Act What If Your Immigration Case Status Outside Normal Processing Times? Immigration Court Status A normal processing time is the time period that an immigration case takes to be resolved. For instance, the normal processing time for a green card is between 8 to 15 months. So, if your case has been pending longer than the normal processing time, you can send an inquiry to the USCIS. But the USCIS is likely to be actively processing your case if they have done the following in the last 60 days: They send you an online notification about the progress of your case They send you a notice about your case Or when you respond to a request for evidence Check if your case is listed on their processing time table on their website before you send an inquiry. If it is not listed, it means that they intend to make a decision on your application within 6 months of filing. So, send the inquiry after six months expire. You Have To Provide Your Receipt Number EOIR Case Status Check You will receive a receipt notice several days or weeks after you submit a petition or application to USCIS. You will notice a receipt number beginning with three letters on the receipt. Use this number to trace your case through the system. People who don’t receive this number should email or call the USCIS Contact Center. It is not always possible to resolve your case on the phone so expect them to make an appointment for you to visit a USCIS office. Bring your copies of your application, personal identification, and other documents relevant to your case when you visit USCIS offices. Checking Your Case Status Online Deportation Status Online Do the following to check your status online: Visit the USCIS website and open the “Case Status Online” page then enter your receipt number Open the “Check Case Processing Time” page if you want to know how long it will take to process your application or find out whether your application was lost If you want case updates, sign up or create an account on the USCIS website People that have no access to computers can contact the USCIS if their case is taking longer than they expected. Any emails you send to the U.S. government should be concise and polite. Make sure you include your name (as the petitioner), the beneficiary’s name, date of filing and proof that you paid the filing fee in your email. Checking your EOIR case status may feel difficult, but you can contact an experienced immigration attorney to make the process easier. Some immigration lawyers know how to get information about your status faster than you can. You May Also Be Interested In… Applying For A-1 Visas Fiance Visa Attorney How To Prevent Deportation

How Long To Get Green Card After Marriage Green Card By Marriage Many people have gained permanent residency in the United States through marriage. Unlike other ways of becoming a citizen, there is no yearly limit on how many people can gain permanent residency in the United States through marriage. But before an individual becomes a citizen through marriage they must meet several requirements. Get in touch with a immigrant lawyer to learn more about the green card through marriage process. Process Of Getting Green Card Through Marriage How To Get A Green Card Through Marriage The US citizen should file a petition for an alien relative (form I-130) on behalf of their spouse white at the same time the foreign spouse files for Adjustment of Status or form I-485. This allows the foreign spouse to receive a green card without leaving the United States. However, the process may not be that easy if the foreign spouse was in the United States illegally. The form I-130 has to be filed with other documents to prove that the parties in the relationship are actually in a valid marriage. The most important elements while filing form I-130 includes: A filing fee of $535 Driver’s license, U.S passport, birth certificate or other evidence that shows that the sponsoring spouse is a U.S citizen Documents that prove that the marriage is not fraudulent such as a joint bank account, pictures together and more Documents that show the marriage happened legally such as a marriage certificate Evidence that either spouse ended their previous marriage legally if applicable If the foreign spouse does not live in the United States, they will need to attach the same items above to their I-130 form and pay the $535 filing fee. The US National Visa Center (NVC) will send a packet to the foreign spouse after approving their I-130. There will be a list of information you need to submit on the packet and you will also have to pay a fee of $445. What Is A Green Card Interview? Marriage Green Card Process The foreign spouse will have to get interviewed before they get a green card. This interview is the final step in the green card process and its main goal is to verify the validity of your marriage. So, they will ask about your future plans together, your relationship history, and your daily activities. The foreign spouse will get approved for a green card if they can sufficiently convince the interviewing officer that the marriage is valid. How Long Does It Take To Get A Marriage Green Card? Green Card Spouses The foreign spouse can file form I-148 with the USCIS if they are physically present in the United States. This form is meant to show that the spouse is eligible for a green card. The total time the USA-based foreign spouse will have to wait for a green card is 10 to 13 months if their spouse is a U.S. citizen. It will take longer if the foreign spouse does not live in the United States but their spouse is a U.S. citizen. If the sponsoring spouse is a green card holder, the other spouse may have to wait between 29 and 38 months. But if in this situation the foreign spouse lives abroad, it will take a shorter time to get a green card. You May Also Be Interested In… What Specialty Occupations Qualify For H-1B Visa? Types Of O-1 Visas H-3 Visa Advantages

R1 Visa Requirements What Is R1 Visa Foreign religious workers can come to the United States using the R-1 visa. The foreign religious worker could be a rabbi, priest, imam, monk or other religious worker coming to work for a non-profit religious organization. The R-1 visa holder can apply for a green card after gaining two years of experience working in the United States. Contact an experienced immigration attorney to learn more about obtaining a R 1 visa. Are You Eligible For R-1 Visa? R Visa Requirements You may be eligible for an R-1 non-immigrant visa if: You are employed by a nonprofit religious organization in the United States or by a nonprofit religious organization that is affiliated to a religious organization in the United States You have been a member of a religious denomination affiliated to a bona fide nonprofit religious organization in the United States for at least two years immediately before filing an application You will be working part-time or for at least 20 hours a week when you come to the United States You are coming only to work as a minister or perform a religious occupation in the United States All your job duties will be related mainly to the religious organization’s creed and must be recognized within that religious denomination as a religious occupation You are entering the United States to work for the employer that sponsored your R-1 visa How The Employer Can Sponsor The Foreign Worker R-1 Visa Requirements The U.S employer can only file Form I-360 with the USCIS if the foreign worker they intend to hire has acquired 2 years of experience as a religious worker. They need to include the following information: Evidence that they are a non-profit religious organization Proof that they have the ability to pay the wages they are offering They need provide proof that the employee has been a member of that religious denomination for at least 2 years They need to provide evidence that the employee has a theological education and is ordained if they employee is being employed as a minister Proof that the religious organization has tax-exempt status The Meaning Of Religious Occupation A religious occupation involves activities that have a religious significance. These activities must relate to a traditional religious function that has characteristics of the religion. A religious worker can be a nun, monk, missionary, religious instructor, religious hospital worker, catechist, cantor, broadcaster and translator. Janitors, clerks, accountants and other employees that do not engage in actual religious work cannot get an R-1 visa. How Long Can You Stay? With an R-1 visa you can only stay for 30 months after which you can request for an extension. You may actually get an extension of an additional period of 30 months. However, after an extension of 30 months (5 years) you will have to leave the United States. But you may be able to stay longer if you did not continually stay in the United States when your R-1 visa was still valid. Talk to an immigration lawyer if you want to know whether you qualify for an extension or not. You May Also Be Interested In… What You Need To Know Before Filing Form I-751 PERM Immigration How To Prevent Deportation

Cancelation Of Removal Application For Cancellation Of Removal Aliens in the U.S. with no immigration status that have lived here for ten years can apply for a green card even if you entered the United States illegally. Cancellation of removal is a process whereby both permanent and nonpermanent residents can apply to an immigration judge to change their status from being a deportable alien to a permanent resident. Your ability to apply for a green card after this number of years is what is called cancellation of removal for non-permanent residents. But this method of applying for a green card is often unlikely to succeed. So, talk to an experienced immigration lawyer to help you apply for permanent status. Requirements For Applying For Cancellation Of Removal Cancellation Of Removal Green Card People with an open case in deportation or removal proceeding in immigration court are the only ones that can benefit from cancellation of removal. But they cannot apply if they appeared in court and did not win their case. But you can ask an immigration court to reopen your deportation case if your case was closed and you got a final order for removal. It is up to the immigration judge to decide whether or not you get permanent status. That means that you can still get permanent status even if you do not meet all eligibility requirements. Requirements For Cancellation Of Removal For Non-Permanent Residents You can only qualify for cancellation of removal if: You have lived in the United States continuously for the last ten years from the date you entered. You have not committed crimes or done any illegal things during that period of stay You have never been convicted for crimes that make you deportable or inadmissible You are likely to face extreme hardship if you were to be deported Your immediate family is likely to face unusual and extreme hardship if you are deported The conditions in your home country or the country where you can be returned to are terrible You have a serious health condition and the country where you will be returned to does not provide medical care for that condition Your immigration lawyer can explain more situations that make you qualified for cancellation of removal. What About Lawful Permanent Residents? Cancellation Of Removal Approved To qualify for cancellation of removal you must meet the following requirements: You have been a permanent resident in the United States for at least five years You have lived continuously in the U.S for at least seven years You have no aggravated felony convictions Some factors that an immigration court may consider when making a decision include: Evidence that you are rehabilitated if there is a criminal record Proof that you are a person of good character You regain lawful permanent status if the cancellation of removal is approved. There are so many complexities involved in the cancellation of removal process, which means you cannot go through this alone. An experienced immigration lawyer can review your situation and advise you on the steps you need to take to gain lawful permanent residency status in the United States. You May Also Be Interested In… O1 Visa Status Advantages Of The H-3 Visa Ways To Avoid Deportation

Reschedule Biometrics Appointment USCIS Reschedule Biometrics Appointment The USCIS will schedule your biometric service appointment to get your fingerprints, photograph and or signature. This happens after you file an application, petition or request. But sometimes for whatever reason you may not be able to go to a local Application Support Center (ASC) on the date for your biometrics appointment. The only solution is to reschedule the ASC appointment. Get in touch with an immigration lawyer to learn more about how to Reschedule Biometrics Appointment with USCIS. How To Reschedule Biometric Services Rescheduling Biometrics Appointment USCIS You should call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) to request to reschedule your ASC appointment. Make the call before your scheduled appointment and ensure you establish good cause for missing the original appointment. You may also check “request for rescheduling” box on your biometrics notice and then mail it to the provided address if you missed the appointment less than a week ago. But your new biometrics notice from the USCIS may take weeks to arrive. Another option is to go physically to a local ASC and explain to the officer why you missed your original appointment. Make sure you have a copy of your biometrics notice and other required documents. The consequence of not rescheduling your appointment is your application, petition or request will be denied. What Is A Good Cause? Asc Appointment Reschedule It means a reasonable excuse for being unable to go to the ASC as scheduled. The USCIS will consider the circumstances and facts of your case individually. What that means is that a reasonable excuse for one applicant may not be a reasonable excuse for another applicant. Remember that your request to reschedule may be denied if you fail to establish good cause. What If You Did Not Receive Your Biometrics Notice? USCIS Biometrics Reschedule You are supposed to receive the notice within three to eight weeks after the USCIS receives your application. There could be an issue if you have not received the notice in more than two months. Sometimes people’s biometric notice gets lost in the mail or is sent to the wrong address. You can contact the USCIS at 800-375-5283 and ask them to send the notice to the correct address. But be ready to talk to an electronic voice for hours before you get to request for a call-back from a real person. What Happens At A Biometrics Appointment? People applying for naturalization, asylum, permanent residency and other types of visa must attend a biometrics appointment. After paying a fee, you will receive a biometrics appointment notice with the exact date and time that you have to show up at the local ASC. Carry your passport, photo ID, driver’s license and the biometrics appointment notice that identifies what you are applying for. You also have to bring other documents specified in the appointment letter you received from the USCIS. At the appointment the following will happen: They will take your photo They will collect your fingerprints They electronically capture your signature Applicants under 14 and over 79 years are often not required to give their fingerprints. Do not bring food, weapons, or cameras to your appointment. You should also read your appointment notice for information about which ASC to go to for your biometric appointment. You May Also Be Interested In… Types Of O-1 Visas Do You Qualify For A H-3 Visa How To Prevent Deportation

H1b Is Immigrant Or Non-immigrant Visa H1b immigrant Or Non Immigrant Visa Employers can sponsor foreign individuals in specialty occupations to come to the United States and work for them. They can do this through the H-1B visa, which is a non-immigrant visa that allows the foreign worker to work in the United States for a certain period of time. The foreign worker cannot apply for an H-1B visa, only the employer, company, or organization can file an H-B1 petition. The H-1B visa lottery only allows 65,000 visas every year. There are an extra 20,000 visas for foreign workers that hold a master’s degree or higher from a U.S. institution. What Specialty Occupations Qualify for H-1B Visa? Is H1b Non Immigrant Visa For a foreign worker to be considered for the H-1B visa, they must have at least a bachelor’s degree. They must have a 3-year degree and experience in the following areas: Social science Mathematics, biotechnology Computing Healthcare or medicine Marketing Banking Sales Telecommunication Architecture Engineering Finance and more A foreign worker in the fields listed above can legally live and work in the United States for 6 years with an H-1B visa. The foreign workers’ immediate family members can accompany them and live in the United States. General Requirements For you to receive an H-1B visa, you need to meet one of the following requirements: You must hold at least a bachelor’s degree from a U.S. university or from an accredited college or university You must hold a bachelor’s degree from a foreign institution that is equivalent to a U.S. bachelor’s or higher degree You must have certification that authorizes you to perform that specialty occupation Requirements for the occupation include: The occupation must require theoretical and practical application of a body of highly specialized knowledge The occupation must require a minimum of a bachelor’s degree or a higher degree Requirements For Employers H1b Is A Non Immigrant Visa The following are the requirements for employers: The employer must file a Labor condition Application (LCA), Form ETA 9035E with the department of labor The Labor condition Application must indicate that the H-1B visa holder will be paid a wage that is considered appropriate for that position in the United States The employer must prove that hiring the foreigner will not affect the working conditions and wage rates for similarly employed U.S. workers From H-1B To Green Cards H1b Immigration H-1B visa holders can also apply for a green card because the H-1B visa is a “dual intent” visa. Other dual intent visas are L-1 and O-1. The employer of the H-1B visa holder and sponsor them to receive the green card. Another advantage of this visa is that they can also apply for permanent citizenship. If a sponsoring employer fires an H-1B visa holder before their visa expires, it is the responsibility of the employer to pay ticket costs that the employee needs to go back to their home country. You can apply to change to another non-immigrant status if your employer dismisses you or if you resign. Contact an experienced immigration attorney to learn more about h1b visas and h1b immigration. You May Also Be Interested In… Ways To Avoid Deportation Removal Conditions Of I-751 A1 Visa Type

Q Visas Cultural exchange programs are a great way for U.S. citizens to learn about the cultures, history and traditions of foreign peoples. For you to come and share knowledge about your culture in a cultural exchange program, you need a Q-1 visa. The USCIS does not have any limit on the number of Q-1 visas it can issue in a year. What You Get With A Q-1 Visa Q 1 Visa This non-immigrant visa only allows an individual to participate in the activities allowed by the visa. But the individual’s immediate family members can come to the United States under a Q-3 visa status. The immediate family members are the spouse and unmarried children under 21 years. A Q-1 visa lasts as long as the cultural exchange program lasts but not more than 15 months. You can apply for an extension if your Q-1 visa is only valid for less than 15 months. But the extension must not result in a period of more than 15 months if added to the original number of months you already spent in the United States. For example, you can only get an extension of 7 months or less if you already spent 8 months in the United States. Individuals who had a 15-month Q-1 visa cannot receive an extension once the 15 months expire. Instead, once the 15 months expire they have to leave the U.S. within 30 days. They are allowed to apply for a new Q-1 visa after staying out of the USA for one year. Are You Eligible For A Q1 Visa? Visa Q The sponsoring organization must ensure that the individual they are sponsoring is: At least 18 years old Is not only knowledgeable but also skilled enough to communicate their native culture to U.S. citizens Considered qualified communicator of their culture by an international exchange program Educated and trained appropriately for the services that they will be providing in the U.S The employer or organization sponsoring the individual has to meet the following requirements: Relatives in the first preference category, which include the unmarried daughters and sons of U.S. citizens. The sons and daughters must be 21 years or older Relatives in the second preference category including a spouse of a permanent resident and the unmarried child of any age of permanent residents and their unmarried daughters and sons Relatives in third preference category including the married children of U.S. cities and their spouses and unmarried children Fourth category relatives include the brothers and sisters of U.S. citizens, their spouses and their unmarried minor children People who don’t need to submit an Affidavit of Support include: People that have worked 40 qualifying quarters (credits) in the United Has appointed a person in the business or organization to liaison with the USCIS Created a program within the organization or business whose purpose is cultural exchange Intends to employ the sponsored individual for the role that involves the individual sharing their native culture, customs, heritage, philosophy, traditions and attitudes. Will pay wages to the Q-1 visa holder at U.S rates and provide working conditions that are appropriate for US workers How To Apply For Q-1 Visa The employer or organization sponsoring you has to complete and sign Form I-129(Petition for Nonimmigrant Worker) and then submit it to the USCIS. They have to include evidence that you are eligible for this visa. They must provide evidence that this cultural program will take place in a public place to allow for direct interaction between participants. If the USCIS approves the petition, they will send Form I-797 to both the employer and the participant. The participant will then have to fill and submit Form DS-160, pay the application fee and then attend the scheduled visa interview at a nearby U.S. embassy or consulate. Based on the interview the visa may or may not be approved. Contact a Immigration attorney to learn more about Q immigration. You May Also Be Interested In… Are You Eligible For An O-1 Visa Advantages Of The H-3 Visa Fiance Visa Lawyer

H3 Visa Requirements See also H3b Visa 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 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 The 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 | Processing Time H3 Visa Training Program: 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 (this is subject to change, verify price with a licensed attorney). 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… Applying For A-1 And A-2 Visas How To Prevent Deportation How To Get PERM Labor Certification