What is US Visa Status H3?
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.
How We Work
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.
| Fee Type | Amount | Payee |
|---|---|---|
| I-129 Form Filing Fee | $1385, or $695 for small employers (from April 1, 2024) ($460 for applications filed prior to April 1, 2024) |
Employer |
| Public Law 114-113 Fee | $4,500 | Employer |
| Consular Processing Fee (Form DS-160) | $205 | Employee |
| Fraud Prevention and Detection Fee | $500 | Employer |
| ACWIA Fee | $750, or $1000 | Employer |
| Optional Premium Processing Fee | $2,805 | Employer |
Public Law 114-113 Fee: $4,500
This fee will only apply if an employer is seeking an initial grant of L-1 status for a foreign worker and the organization employs more than 50 employees, and of those, over half are under L-1A, L-1B, or H-1B status.
The Public Law fee is not payable for L-1 extensions or for L visa transfers relating to workers changing status from L-1A to L-1B or from L-1B to L-1A status.
The Consular Processing Fee is the fee you must pay when filing for a visa with your local U.S. consulate or embassy as an eligible employee. In most cases, the employee is required to pay this fee. However, an employer may choose to bear this fee as well in some cases.
Premium Processing Service is an optional service you can use to speed up the processing of your visa application. The key benefit here is that you will get a decision from USCIS on your visa petition within 15 days. You must pay an additional fee to utilize this service.
If the correct fees are not paid, or if there is an error or delay in payment, the application will be delayed and possibly rejected.
Issuance fees
Nationals of certain countries must pay an issuance fee for an approved visa to be issued. Fees are based on reciprocity and reflect the charges levied by the applicant’s government to a US citizen for a similar service. For the L category, the only issuance fees charged to a British Citizen passport holder is for the L-2 visa, i.e. L-1 visa dependents.
L1 Visa Duration, Renewals and Extensions
Generally, the average L-1 visa application time can be between 2 to 4 months, depending on the consulate or Embassy where the application is filed and the quality and circumstances of the application.
There is usually no difference in the processing times between the L-1A and L-1B classifications.
The L-1 visa will be initially granted for a maximum of 3 years, although transferees entering the US to establish a new office will be granted a maximum initial stay of one year.
To remain in the US beyond this period would require an extension application petition to be made.
The renewals are only available if the visa holder continues to meet the visa requirements. Also, maximum periods of stay under the L route apply. L-1A holders may be allowed to spend a maximum of seven years in the US in L-1A status before they must return abroad for at least one year before being granted L-1 status again.
L-1B holders may be allowed to spend a maximum of five years in the US in L-1 status before they have to return abroad for at least one year before being granted L-1 status again.
Can My Family Come with me on an L-1 Visa?
Your spouse and unmarried children under the age of 21 can come with you to the U.S. if you have an eligible L-1A or L-1B visa. The family members can accompany you at the time you first arrive in the US with your L-1 visa. Alternatively, they can join you at a later date. In either case, they may do so only after their L-2 visa application is approved. We will assist with the visa applications for your spouse and children at your preferred US Consulate with your L-1 Approval Notice. However, you will need to file a separate employment authorization I-765 petition for your spouse seeking to work in the US.
How to Apply for a Green Card on an L-1 Visa?
An L-1 visa holder can apply for a Green Card. The most common pathways include the EB-1C Green Card for multinational executives and managers, which is ideal for L-1A visa holders, and the EB-2 or EB-3 Green Cards for advanced degree professionals and skilled workers, suitable for L-1B visa holders. Each category has specific eligibility requirements, and the process typically involves filing Form I-140 (Immigrant Petition for Alien Worker) and either adjusting status in the US or undergoing consular processing abroad. Unlike many nonimmigrant visas, the L-1 visa allows for dual intent. L-1 visa holders can apply for a Green Card without jeopardizing their L-1 status. The ability to pursue permanent residency openly without affecting nonimmigrant visa status is a significant advantage, providing peace of mind and stability for L-1 visa holders and their families during the application process. By bypassing this labor-intensive and time-consuming process, L1A and L-1B visa holders can expedite their Green Card application.
How Can Our L-1 Visa Immigration Attorneys Help You?
Initial Consultation
We will first evaluate the eligibility of the company and the employee for the L-1 visa, considering the nature of the business, the relationship between the foreign and US entities, and the applicant’s role and qualifications.
We also help strategize the best approach for the visa application, including choosing between the L-1A and L-1B visa types based on the employee’s position and qualifications.
Draft Preparation and Submission
One of the most demanding aspects of the L1 application process is evidencing eligibility. This requires extensive documentation to be identified and collated.
We will work closely with clients to support with the preparation of all the necessary documentation, including supporting documents that demonstrate the qualifying relationship between the US and foreign entities, as well as the employee’s eligibility as well as completing the relevant forms, such as Form I-129. Before submission, we will then meticulously review the application and documents to ensure accuracy, completeness, and compliance with US immigration law, minimizing the risk of delays, RFEs or denials.
Legal Advice and Compliance
We offer advisory services to employers to ensure compliance with US immigration laws and regulations, helping companies maintain their eligibility during and after the visa application process.
We also provide regular updates on immigration law changes that might affect the application process or the status of the employee and company.
Representation During Legal Proceedings
As specialists in US immigration, we also represent applicants and employers in all communications with USCIS, including responding to requests for additional information (RFEs) or notices of intent to deny (NOIDs).
In there event of a legal challenge or if you have received a denial and require expert advice, we also provide representation and guidance on the next steps, including filing for appeals or motions.
Support for Visa Application and Interview
