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The H3 Visa is also known as the Nonimmigrant Trainee or Special Education Exchange Visitor Visa. This type of visa allows you to come to the U.S. to receive professional training. It’s a temporary visa and you are required to go back once the visa expires.
Alternatively, you might receive the visa as a Special Education Exchange Visitor. If this is the case, you will be allowed to come to the U.S. and partake in a special education program designed to help kids with limitations or disabilities.
You can enter and leave the U.S. as many times as you want as long as your H3 visa is valid. You can also bring dependents to the U.S. who qualify for H4 status.
A major limitation of the H3 visa is that you can’t do any work with H3 visa status. You may also not receive any medical training.
To determine if the H3 status is suitable for you, and if you meet the requirements, you can consult an immigration law firm. Experienced immigration attorneys can guide you about every aspect of the visa application process.
Requirements for H3 Visa
You must meet a broad set of requirements to be eligible for the H3 visa. Specifically, you must be able to demonstrate that you are not coming to the U.S. to seek employment, receive graduate medical training, or seek US citizenship or permanent residency.
You must also show that the training you intend to receive in the U.S. is not available in your country and that this training will help you land a job in a country other than the U.S.
The United States Citizenship and Immigration Service (USCIS) also requires organizations to provide complete details of the training they intend to provide to H3 visa applicants.
The organization applying for a visa petition on behalf of the H3 visa applicant must also show that the training provided is in line with the previous experience or expertise of the applicant.
USCIS may further require an organization to show how an applicant may apply the skills they acquire through training in the U.S. to acquire a job in another country.
Who Qualifies As a Trainee for the H3 Visa?
To be eligible for the H3 visa, you must qualify as a trainee. You may do so by meeting the following requirements:
– An organization or an individual in the U.S. must invite you to undergo training to help you land a job in a country other than the U.S.
– Your sponsor individual or organization must show that you will not undertake any job intended for U.S. citizens or permanent residents.
– It must be demonstrated that you will not undertake any regular employment in the U.S. for the duration of your visa.
If you are coming to the U.S. as a Special Education Exchange Visitor, your sponsor organization must show that it has a professionally trained staff that specializes in the area. The organization must also demonstrate that it can take good care of children with disabilities.
You must also prove that you have extensive experience in working with children with disabilities, or that you have a Bachelor’s or higher degree in special education.
Information Required by the USCIS for H3 Visa
The USCIS requires detailed information from sponsor organizations inviting H3 visa applicants for training or as Special Education Exchange Visitors.
This information includes:
– Details about the type, duration, and structure of training
– Proof that the same training is not available in the applicant’s home country
– The remuneration that will be provided by the organization to the trainee
– Any benefits that the organization may gain by inviting the trainee
In the case of Special Education Exchange Visitors, the organization must provide:
– Details about the professional competence of the staff
– Details about the specific tasks of the training
– Description of the precise training the applicant will receive
The Application Process for H3 Visa
You can apply for an H3 visa only if you have a sponsor individual or organization in the U.S. This sponsor must file a visa petition on your behalf. Specifically, the sponsor must submit a Form I-129 with the USCIS.
If USCIS approves the petition, you can proceed with the visa application.
This involves filling out a Form DS-160 and submitting it to your local U.S. embassy or consulate. Depending on your local consulate, you may need to provide the following documents alongside your application or bring these to the visa interview:
– A valid passport
– Confirmation of Form I-797
– Proof that you intend to come back to your home country after your visa ends. This may include property ownership documents, details of your family, and so on.
– Marriage certificate, if you are married
– Birth certificate, if you have children
Your local consulate may ask you for other documents as well. It is highly recommended that you consult a reliable immigration law firm before you file a visa application. This will help you prepare for the process and avoid any mistakes.
What is the Duration of the H3 Visa?
Once you receive the H3 visa as a trainee, you are allowed to stay in the U.S. for up to two years. During this period, you can come and go as you like without the need to have your visa renewed or without any other restrictions.
However, if you receive the H3 visa as a Special Education Exchange Visitor, the visa duration is up to 18 months.
In either case, you must leave the U.S. once your H3 visa expires, without the option to apply for an extension. If you wish to continue your stay in the U.S., you will then need to explore other visa options in consultation with an experienced immigration attorney.
Why Choose Our Immigration Law Firm?
We help H3 visa applicants meet all visa requirements and proceed with the visa application process without any hiccups. With the assistance of our immigration attorneys, you can avoid any mistakes in your visa application and optimize your odds of a favorable decision.
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