H-3 Visa

The first step to an approved H-3 visa is filing an I-129, Petition for Nonimmigrant Worker, with the USCIS.

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The H-3 visa is used for either individuals or employers looking for training opportunities in any field other than graduate medical education or training.

The sought training must not be available in the individual’s home country. H-3 visas are also available for unique education exchange visitors, allowing them to participate in programs that provide practical training and experience in educating children with physical, mental, or emotional disabilities.

H-3 APPLICATION PROCESS

1. Establish Training Schedule
   The applicant must establish a detailed training schedule and create an agenda showing specific requirements are met. Supporting documentation must be gathered for this training program.
2. File I-129 Petition for Nonimmigrant Worker
   The U.S. employer or organization intending to provide training must file Form I-129, Petition for a Nonimmigrant Worker, to the U.S. Citizenship and Immigration Services (USCIS). The petition should include supporting documentation, such as a detailed training program outline, information about the trainee’s background, qualifications, and the reasons why the training is necessary.
3. USCIS Approval
   USCIS will review the petition to ensure it meets the eligibility criteria for the H-3 visa category. If the petition is approved, USCIS will issue a Notice of Action (Form I-797) to the petitioner.
4. Consular Processing or Change of Status
   If the foreign national is outside the United States, they must apply for an H-3 visa at a U.S. consulate or embassy in their home country. If the foreign national is already in the United States in a different nonimmigrant status, they should request a change of status during the filing of the I-129 Petition. Form I-539, Application to Extend/Change Nonimmigrant Status.
5. Visa Interview (if applicable)
   If applying for an H-3 visa at a U.S. consulate or embassy, the applicant will likely need to attend a visa interview. They should be prepared to discuss the purpose of their training and other relevant details.
6. Biometrics Appointment
   The applicant may be required to attend a biometrics appointment, where fingerprints and a photograph will be taken.
7. Approval & Admission
   If the visa is approved, the applicant will receive an H-3 visa stamp in their passport, allowing them to travel to the United States. Upon arrival in the U.S., the individual must present the visa at the port of entry and be admitted into the country by U.S. Customs and Border Protection (CBP).

TYPICAL H-3 TIMELINE

01 Preparation

– Several months before initiating the filing –

Begin working with an attorney to create a training schedule and gather supporting documents.

02 I-129 Filing

– Two or more months for adjudication –

File I-129, Petition for a Nonimmigrant Worker with USCIS (processing time varies).

03 Consular Processing

– Varies –

Consular processing at the corresponding consulate/embassy in the applicant’s home country. Wait time for appointment varies depending on country conditions and consulate location.

Consult with an expert immigration lawyer to ensure successful H-3 approvals.

It’s essential for both the employer and the foreign worker to ensure they meet all eligibility criteria, provide accurate information, and adhere to legal requirements throughout the application process to increase the chances of a successful H-3 visa application. Working with attorneys gives peace of mind that applications and paperwork are completed correctly. Our team also assists with employment forms once workers arrive in the U.S. Most importantly, our recruitment services guarantee a fraud-free immigration and employment process.

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Additional Resources

• U.S. Citizenship and Immigration Services (USCIS)
  USCIS H-3 Visa Information