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Last Updated on December 11, 2022 by Mani Karthik
In this article, we’ll talk about H3 visas and how you can get one.
What is an H3 Visa
First off, what is an H3 visa?
An H3 Visa is offered for those who wants to attend a business training program in the US on a short visit.
Nonimmigrant H3 visa permits foreign nationals to enter the US to work for a US corporation. The “training visa” permits you to visit the US for up to two years to acquire training.
The H3 visa allows firms to bring in foreign workers for critical training. The training must not be accessible in the trainee’s own country.
Training might be in agriculture, transportation, business, or computing.
How to get H3 visa (Training Visa)
Below are the qualifications and process for applying for an H3 visa.
Trainee: An H3 “trainee” must be invited to undergo training.
You can apply as a trainee if you work in a discipline other than medicine. You must show you are not enrolled in a graduate medical school in the US.
You must justify your trip to the US for this training. You can achieve this by demonstrating that you cannot acquire equivalent instruction in your own country.
You must also show that this training is required to further your job outside the US.
It is not a work visa. It is aimed to prepare non-citizens for employment undertaken outside the US. When applying for an H3 visa, you must state that you will not be working in the US except for training purposes.
Your petition must contain a description of your training and supervision. It should also include the percentage of time spent in productive employment, including classroom and on–the–job training. The document should also explain where you will be paid.
How can I get an H3 visa?
You must be traveling to the US to acquire training in business, agriculture, government, professions, finance, agriculture, or industry to qualify for an H-3 visa. You must show:
- In the U.S., you are not obtaining graduate medical training
- You cannot acquire such instruction in your native country.
- This training is required to proceed outside the US.
- You will not be employed unless required for training.
- The training does not hire US citizens or residents.
The H3 Visa’s Benefits and Drawbacks
An H3 visa grants you some rights in America, but also significant restrictions.
H3 Visa Privileges
- If your training visa petition is accepted, you can stay in the US for 2 years.
- If accepted, you can stay in the US for up to 18 months.
- Trainees’ spouses and children under 21 may enter as H4 non-immigrants. They cannot work in the US on an H4 visa.
- Travel freely inside the US while your visa is valid.
H3 Visa Restrictions
- The US corporation that sponsored your petition must give your training.
- Doctors who are intending to undergo medical training or education are ineligible for the H3 visa.
- If you stay in the US for the full time permitted by the H3 visa, you must wait six months before applying for a change of status.
H3 Visa Extension
No, you cannot extend your H3 visa. After your maximum stay, you must depart the US. No extensions are given to H3 visa holders.
How long can I stay on H3 visa (H3 Visa Extension)?
No, you cannot extend your H-3 visa. You must depart the US at the end of your stay as this visa does not allow for extension.
Is there an H-3 visa travel restriction?
No, the H-3 visa allows unlimited travel. You may travel as many times as you need before your H-3 status expires. In addition, there is no time restriction set by the USCIS.
Can I work on H3 Visa?
Yes, you may earn credits at a university to assist your training. No full-length courses for F-1 visa holders. Your work should be confined to minimum hours and in the training sector.
Can I bring my spouse on H3 visa
Yes, your spouse and unmarried children under 21 may join you on an H-4 visa as long as you are on an H-3 visa.
H3 Visa Alternatives
- The H3 visa is most comparable to the J1 visa.
- H3 can sometimes become H1B visa. (which are more desirable but more challenging to obtain, and also capped).
- The O1 visa allows for a 3-year initial stay with unlimited one-year renewals.
- TN “NAFTA Professional” visa for Canadian or Mexican citizens (3 years).
Changing H3 Visa Status
If you are employed, you can petition for a status modification on your H3 visa. Form I-129, Petition for Nonimmigrant Worker Status can be filed by your employer. This form can be sent to the Regional Service Centre that handles your case.
This petition will result in an H1B or TN visa modification.
Your employer should file for your spouse and kids. They must file Form I-539, Nonimmigrant Status Extension or Change.