H3 Visa - Requirements and Information on How to Apply

H3 Visa

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The H3 “training visa” is a US visa designed for people to enter the U.S. for a period of up to two years in order to receive training.

The primary purpose of the H3 is to enable U.S. employers to bring in foreign staff to receive essential training in the United States that would not normally be available elsewhere. Training can be in a wide variety of areas, from agriculture to transportation, commerce to computing.

h3-visa-for-trainingThere are two forms of H3 visa…

  1. Trainee: This is for where the training is not available in the applicant’s home country.
  2. Special Education Visitor: For visitors who will receive training in education for children with special needs or disabilities (may be physical, mental, and/or emotional).

H3 Visa Privileges

  • H3 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 H3 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.

Attorney Tips for H3 Applications

Employer or Organization Requirements

h3-special-education-visitorThe 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.. H3 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 H3 Visa?

  • The H3 is most similar to J1 visa, so it is worth comparing the two.
  • H3 can sometimes migrate to H1B 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 O1 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 Questions Answered

“When applying for an H3 visa, is legal assistance mandatory?”

Legal assistance is by no means mandatory but highly recommended. The process has become increasingly complicated and there has been an unprecedented number of visa denials and RFEs (Requests For Evidence).

Attorney Tips and Strategies for H3 Applications

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. H3 visas should not be used with the intention of employing the trainee within the United States.
  • They must provide a detailed breakdown of the training program, listing the 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.

Leave a Comment:

Eugeniu Cozac says May 18, 2017

Hello,
My name is Eugene, I want a consultation, so I need an advice based on my situation.
So I came here 2 years ago on F1 Visa, I am a Software Engineer and I have had finished here Master Science in Computer Science.
My OPT will end in August 2017, I cant apply on STEM. In October 2016 my company applied for EB2 (Green Card thru PERM), they already started Recruitment Period
and in two months they will apply for PERM. In this company I will switch from Front End to Back End, so in one year I will have trainee also.
(I am from Moldova so most of the time my Visa bulletin is Current) but company wants to file me H3 now, to continue my trainee till I will receive I485.
In the same time I have a reason to apply for asylum, that I was borned in Transnistria this is a small autonomy in my country, so I
have more reason about this. But I don’t want to apply now.

When we can do a skype consultation? And how I can pay, and how much?

So here will be my questions:

1. Do you think I can receive H3 after OPT?
2. I know that H3 Visa has a requirement if I will finish 2 year of trainee on this visa I need to leave USA for 6 months. Also I cant change this
Visa to H1B status. The question is this what if I will make my trainee only one year after on next year company will file for me H1B, can they do this?
3. Can other company in 2018 apply for H1B if I am on H3?
4. How will impact H3 if EB2 PERM will be approved in a few months, can I file I485? Or they will require for me 6 months to leave USA? Here is a law:
http://www.nejamelaw.com/h3-visa.html.
5. Or is better make my H3 trainee only 5 months and after H3 status to apply for asylum? Do no not exceed this 6 months period?
6. Can I apply on asylum when I am on H3 and in time of asylum to apply for H1 or for EB2?
7. I received a questionaire for file H3, how much it will cost to help me with it?
8. Or is better to maintain my F1 status and to wait asylum work permit and to find company which will file another PERM?
9. Can I apply on H1B or on EB2 when I am on asylum?

So you don’t need to respond to all this questions, we can make an skype consultation, think is better.
Thanks
Eugene

Reply
Abhi Patel says August 11, 2017

Hii.. If i am on H3 i.e trainning visa,can i convert it to H1B? But my trainning programm is less than 6-7 days. The training program is a Nascar training program from Seat Time Racing School.After my training i can get a competition license which can let me race in local nascar race. So will it be enough to get an H1b or immigration visa?

Reply
    OnlineVisas.com says September 17, 2017

    Abhi, thank you for recently visiting our website. I have emailed you directly and look forward to hearing from you.

    Reply
Adeyemi Ademola says September 29, 2017

I will be appreciated if I could be allowed to come over to the USA for the training and I will work diligently and be a good ambassador of my country. Someone should just get me to the USA.

Reply
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