H-3 Visa

H-3 Visa Privileges

• H-3 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 H-3 holders may apply for a Change of Status.
• Visa holders may travel freely in and out of the U.S. while visa is valid. Note that the 24/18 month time limit is strictly from the time of issue, and any time spent outside the country is still counted.
• A trainee’s legal spouse and any unmarried children under 21 may accompany them to the U.S., but they are not permitted to work.

The Most Common H-3 Fees and Their Associated Cost

• Form I-129, Petition for a Nonimmigrant Worker: This is the primary form required for H-3 visa applications, filed by the U.S. employer to petition for a nonimmigrant worker. The cost of Form I-129 is $460.
• Form I-539, Application To Extend/Change Nonimmigrant Status: This form is necessary if an H-3 visa holder is seeking an extension or change in their status while in the United States. The cost of Form I-539 is $370.
• Form I-131, Application for Travel Document: This form is needed if the H-3 visa holder requires a re-entry permit or a refugee travel document. The cost for Form I-131 is $575.
• Form I-765, Application for Employment Authorization: This form is optional and used if the applicant wants to work in the U.S. while their change of status is pending. The cost for Form I-765 is $410.
• Form DS-160, Online Nonimmigrant Visa Application: This form is required when applying from outside of the United States at a U.S. consulate. The fee for Form DS-160 is $160

Beyond the form fees mentioned above, additional costs can include travel to and from the U.S. embassy or consulate, translation services, and fees associated with acquiring necessary supporting documents such as copies of passports, birth certificates, or marriage certificates. The total cost of an H-3 visa application can fluctuate greatly based on individual circumstances, but the applicant should anticipate a cost of several hundred dollars in application fees and other related expenses.

The petitioning U.S. employer or organization should comply with the following general requirements.

• The intent of the training must be to enable the trainee to work that will be carried out outside the U.S. H-3 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.
• Present a summary of each trainee’s prior experience, showing why they need the training.
• Provide a valid explanation why equivalent training is not available in the trainee’s home country.
• Statement of how the training will be funded, which must be without the petitioner permanently employing the trainee.

Alternatives to H-3 Visa?

• The H-3 is most similar to J-1 visa, so it is worth comparing the two.
• H-3 can sometimes migrate to H-1B visas (which are more desirable but more challenging to obtain and also capped).
• If the beneficiary can prove exceptional ability, they may qualify for the O-1 visa, which affords an initial 3-year stay with unlimited potential one-year extensions.
• Canadian or Mexican citizens may be eligible for TN “NAFTA Professional” visa (3 years).

H3 Visa FAQs