What Is an H-3 Visa?
The H-3 visa is a nonimmigrant visa, which allows foreign nationals to enter the U.S. temporarily to receive training from a U.S. company. However, you may not come for a graduate program or medical training, and the training must not be available in the trainee’s home country. The H-3 visa also allows foreign nationals to enter the U.S. as Special Education Exchange Visitors who intend to participate in training programs that provide for practical training and experience in the education of children with physical, mental, or emotional disabilities.
Who qualifies for an H-3 visa?
To qualify for an H-3 visa, you must be coming to the U.S. to receive training in areas such as commerce, agriculture, government, professions, finance, agriculture, or in an industrial institution. You must prove that:
- You are not receiving graduate medical education or training in the U.S.
- You do not have the opportunity to receive comparable training in your home country
- You need this training to advance your career in your home country
What are the benefits of applying under this visa category?
A trainee is able to travel freely in and out of the U.S. with an H-3 visa. Also, the visa is valid for up to a 2-year period. A final advantage is that your spouse and unmarried, minor children are entitled to enter the U.S. on derivative H-4 visa status.
How can an attorney help in this process?
When compiling documentation for eligibility for H-3 visa petitions, both from the employer side and trainee side, it is not an instinctive process. Even in cases where a petition includes the required documents, papers should be presented in a logical format so that the immigration officer reviewing the case will make a favorable decision.