The H-3 visa is a non-immigrant visa that allows foreign nationals to enter the U.S. in order to receive vocational training at a U.S. company. The foreign national must ultimately intend to use their U.S. training to perform a job outside the United States. The training must be at a company, and not a school. The H-3 visa cannot be used to come to the U.S. for a graduate program or medical training and the training must be of a type that is not available in the applicant’s home country.
There is another form of H-3 visas called the Special Education Exchange Visitors Visa. This allows children with physical, mental, or emotional disabilities to participate in special education sessions in the United States. They are very difficult to obtain and many that apply are denied a visa due to a very low number allowed to be issued every year.
In order to qualify for an H-3 visa, an applicant must have employer sponsorship. The employee must file a petition before an H-3 visa is approved. In addition, the applicant must show that he or she is not receiving graduate medical training, does not have the opportunity to seek similar training in his or her own country, the training offered does not displace any U.S. citizens from possible employment, and that the applicant will not be employed during his or her stay in the U.S. The H-3 visa holder may accept part-time employment only if it is reasonably related to their training.
The H-3 visa allows a person to get valuable professional training which can then be used in their home country. They are typically used when an international company looks to bring someone for training at their U.S. offices.
A H-3 visa holder can travel around and outside the U.S. an unlimited number of times, for unlimited periods of time, while on an H-3 visa. The H-3 visa lasts as long as the training is scheduled to last, and it cannot be extended. When the visa expires, the trainee cannot apply for a change in status. However, they can change their status before the visa expires. The visa lasts for a maximum of two years. After two years, the H-3 visa holder needs to exit the country.
If you or a loved one needs help with a visa application, you should contact an attorney. An experienced immigration lawyer can walk you through the process of obtaining an H-3 and explain what other visa options might be open to you. Additionally, if you would like to bring your spouse and minor children along with you while you train in the U.S., a lawyer will be able to help your family with applying for a H-4 visa.
Last Modified: 04-23-2014 12:48 PM PDTLaw Library Disclaimer
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