The H-3 nonimmigrant visa is for foreign nationals who want to visit the United States for a specific period to receive training or special education.
This type of visa gives its holders the right to enter the country and attend their preferred training institution that admits them. However, the main condition to get the H-3 visa is that the applicant must enroll in a training program unavailable in their home country.
In addition, the training program cannot be a full academic degree or medical training. Still, practical programs should equip applicants with more cutting-edge skills to advance their careers.
Keep reading as we discuss the H-3 visa, its eligibility criteria, and how to apply.
Who Qualifies for the H-3 Visa?
Training Program: This could be in any field of study except medical professions and training. Examples of fields that qualify for training programs are:
- Finance
- Transportation
- Agriculture
- Communications
- Government
- Business
Special Education: This means that the applicant will enroll in a theoretical or practical program to advance their knowledge about children with special needs like:
- Physical needs
- Mental challenges
- Emotional challenges
As an H-3 visa holder, you cannot work or enter into any work contract considered formal employment in the US. You can only engage in practical work in the training program’s curriculum.
To become employed, applicants would need other types of visas, such as an H-1B visa, an H-2A visa, an H-2B visa, etc. The US government grants only a limited number of H-3 visas annually; about 50 people from other countries enter the US with this visa.
What are the Requirements for an H-3 Visa?
- There must be a formal invitation for the applicant from the training institution
- The applicant couldn’t find the program in their home country
- The program doesn’t involve medical training
- The applicant intends to return to their home country after the training program is over
- The training or special education program will benefit the applicant’s career
- The applicant will not have a full-time job in the US, except work foreseen in the training program
Since the institution where the training will be held must invite the applicant for the applicant to qualify for the visa, they should also compile a detailed description of the training program.
This description should contain the following:
- The curriculum and structure of the program
- The time when lectures should be held, and if applicable, when and how many hours of practical work are necessary
- The financial and other benefits that the institution gets by providing that specific type of training
- The type of careers and professions that will benefit from the training program
- The benefits that the applicant will get from the training
- The reasons as to why this training program doesn’t exist in the applicant’s home country
Application Process for the H-3 Visa
Similar to the other H-type visas, the H-3 visa cannot be initiated by the applicant. Instead, the applicant has to find the appropriate training program and apply to be admitted.
The institution where the training program is held must initiate the H-3 visa process. As with H-1B, H-2A, or H-2B visas, the institution should petition the appropriate agencies for the H-3 applicant to be given a visa.
In addition, the institution that provides the training will then send a petition to USCIS with a description of the training or special education program that the applicant wants to attend and attach more documentation.
A list of such documents includes:
- The staff of the training institution
- The profile of the applicant with details about education and previous degrees, previous training, work experience in the relevant field that the training will be about, and whether the applicant will receive any financial benefit from the training
- If it is a special education institution, it should also provide proof that it offers such services or training.
Furthermore, the institution will file Form I-129, Petition for Nonimmigrant Workers, to USCIS, which costs $460. This document should be filled out with the necessary information and sent with the above mentioned documents.
There is a specific time to file the document, mainly more than six months before the training program begins. This is because it will take time to process, and if it is filed later, USCIS cannot guarantee the processing of the petition and the communication of a decision.
After USCIS reviews the documents and Form I-129, it will make a decision and send it to the training institution. If it approves the petition, it will send Form I-797 to the institution, which will help the participant apply for the visa.
The petition’s approval will signal the training or special education participant to start applying for the H-3 visa. Furthermore, the visa application must be done at the US Embassy of the applicant’s home country.
Below are the documents to be submitted by the applicant:
- Already filled out Form DS-160 online.
- Form I-129 and Form I-797
- Valid passport
- Birth certificate
- One photograph meeting the US Visa Digital Image Requirements
- Documents that prove your intent to return to your home country, such as a property deed, apartment lease, or future job contract
- Application fee of $205
After submitting the documents, the applicant must set an interview appointment. The interview will assess whether the applicant is fit to attend the training or special education program and whether the applicant meets all the qualifications.
Your submitted documents and interview will form the basis for the US Embassy’s decision to grant you the H-3 visa. If the response is positive, you will get the visa stamp and be ready to attend the program to which you have been admitted.
H-3 Visa Restrictions
There are several limitations of the H-3 visa, including:
- The training program must be conducted by the US company that files the petition for you as a foreign national.
- Physicians are not eligible for H-3 classification to receive medical training or education.
- As an H-3 visa holder, if you have stayed in the United States for the maximum allowed period, you can only seek a change of status, extension, or re-entry in H or L status once you are outside the US for at least six months.
- Dependents of H-3 visa holders are not permitted to work in the United States. They need to apply for the relevant work visa.
How long is the H3 Visa valid for?
If you receive the H3 Visa, you can come to the US for up to two years. But, if you’re coming as a Special Education Exchange Visitor, your H3 Visa will be valid for up to eighteen months.
The H3 visa does not have travel restrictions. That means that while your passport is valid, you can leave the US to travel and return without losing your status.
There is also no limit on how long you can stay abroad. Remember that once the initial validity of your visa expires, you will have to leave the United States since the H3 Visa cannot be extended.
If you must stay in the US longer, apply for a status change to, for example, the H1B Visa. To be eligible for it, you must receive a job offer, and a US employer must file Form I-129, Petition for Nonimmigrant Worker, for you.
Frequently Asked Questions
Can I change my status while on an H-3 visa?
You may apply for a status change while on an H-3 visa.
If you are taking up a job, have your employer file Form I-129, Petition for Nonimmigrant Worker, at the USCIS Regional Service Center with jurisdiction over your case if you want to change to H-1B or TN.
Ensure your employer files for your spouse and children on Form I-539, Application to Extend or Change Nonimmigrant Status.
Are there any travel restrictions on H-3 visas?
No, there are no travel restrictions on an H-3 visa. You may travel as many times as required before your H-3 status expires. The USCIS also does not impose any time limit on your stay abroad.
Can I bring my dependents on an H-3 visa?
Yes, your spouse and unmarried children under 21 may accompany you on an H-4 visa and stay as long as you are on valid H-3 status.
Can my dependents work on H-4 visas?
No, your dependents may not work on an H-4 visa. They have to apply for an appropriate Work Visa.
How much does the H3 Visa cost?
The total cost of the H3 Visa is $460. Nevertheless, if your application is urgent and you need to speed up the application process, you might have to pay an additional premium processing fee of $1440.
Why was my H3 Visa denied?
There are usually more applicants than available for H3 Visas. That is why USCIS rejects some of the applications. The common reasons why H3 Visas are denied are:
- The cap has already been reached.
- The US organization should have petitioned USCIS in time.
- The training program needs to be structured properly.
- Similar training is available in the applicant’s home country.