The H-3 Visa

What is the H-3 visa The H-3 Visa is a nonimmigrant trainee OJT visa. How long is the H-3 Visa good for? The guidelines for this visa are underlined on the 8C.F.R. $ 214, And it is good up to 18 months or for as long as the training can last, but no longer than 2 years. RARE OCCASIONS MAY BE EXTENDED FOR 3 YEARS.

HOW DO YOU QUALIFY FOR AN H-3?

ON THE JOB TRAINING Must be a trainee invited by a U.S. Company. There must be a skill/profession, that your home country does not have. OR IS NOT AVAILABLE TO YOU.

Employment allowed? Only if it is a small portion of the training program. The purpose of this nonimmigrant visa is to advance in your career field in your home country.

Cheaper than HB-1 visa?

If your training is less than six months, it will be in yor best interest to apply for an HB-1 visa. However it is only because very few H-3 Visa training programs meet the USCISS strict requirements.

Key Elements of The H-3 Visa

You are allowed to participate in a training program. a. If you are invited by a U.S. company and work legally as long as you only work for that company only, work is part of the training program. Your visa can be approved for the length of time that it will take to complete the program. b. However it cannot exceed more than two years.

Your family can travel in and out of the U.S. c. For as long as your H-3 Visa is valid.

What is an L-1 Visa?

While you are under the H-3 status. a. You cannot change your status to L-1 visa. What is the L-1 visa? b. L-1A Intracompany Transferee Executive or Manager. Note: Other changes of status are allowed, but must be requested before your H3 visa expires. The L-1A visa is a nonimmigrant visa just like the H-3

More on the L-1A Visa

The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.

How Do I Qualify For An H-3 Visa

1. 2. 3. 4. 5. 6. Invitation to a training program Training is unavailable Any Productive Employment Is Incidental You have the correct background You intend to return to your home country Bringing Your Relatives

Applying for a Green Card From H-3 Status.

Step 1: * Employer must submit an H-3 Visa Petition - Employer must send a visa petition on the 1-129

Things to prove in this position:

1. A qualifying formal training position has been offered to you by a US company 2. You have the correct background for training 3. the training is unavailable to you in your home country 4. the training will further your career in your

Changing current status to H-3

The Can nots to changing status: - If entered on a visa waiver -entered using C (alien in transit) -entered with TWOV (alien in transit w/o a visa) -entered with K-1 (fianc)

Changing current status H-3

The Cans to changing status: If entered U.S. legally If never have worked in U.S. illegally And if your I-94 card has not expired.

30/60 RULE
The USCIS main rule is "30/60" rule In which the 30 day rule applies if you wish to change your status , they will presume that your intention is to violate your visa * 60 days still may decide you presume intent to violate visa After 60 days trying to change your status then you would less likely have problems.

Preparing for the Visa Petition

Must have the I-129 and the H supplement - Employer must describe the training program, in full detail with schedule of week by week or day by day for the training course taken in the U.S. - Must prove that the training is unavailable in your home country - Must show how training will further your career.

Mailing the Visa Petition

Employer must mail it to their the California Service Center or the Vermont service center , which has jurisdiction over the employer's place of business.

Steps outside the U.S.

- After the H-3 visa petition by your employer has been approved , USCIS will send you a form I-797b, in which you can apply for a visa with your consulate

Step Three: You enter the U.S with your H3 Visa

You have until the expiration date on your H-3 Visa to enter the U.S. At entry a U.S. boarder officer will: * Inspect you * Inspect your paperwork * Ask you some questions Do you intend to go home? * Stamp your passport * Issue you an I-94 card (Electronic since May 2013)

Extending your U.S. Stay

You may only stay up to a total of two years in H-3 status consecutively (18 months for special education exchange visitors) If you want to get more than two years of H or L Visa status you must leave the U.S. and be out for 6 months before reapplying for an H or L Visa An extension is easier to get than the original petition approval

Extending your U.S. Stay

- USCIS reconsiders your qualifications based on any changes in the facts or law. * If your original H-3 application was weak to start with it is not unusual for an extension to be denied. -Extension Petition: * Employer must file ANOTHER I-129 petition (with supporting docs. like the 1st filed petition) * A letter from employer requesting extension with explanation of why the training has not yet been completed. * A copy of your U.S. income tax returns that ONLY include your H-3 employment income (W-2 for the previous year) * A copy of the first Notice of Approval Action I-797

Extending your U.S. Stay

- If you have a spouse and children with you in the U.S.: * Must submit USCIS I-539 Form either at the same time employer submits the I-129 or afterwards (if submitted afterwards then they will need to include either a copy of the USCIS receipt notice indicating pending approval or the actual approval notice) -Visa Revalidation: * If you leave the U.S. after your extension approval you must get a new visa stamp issued at a consulate before returning.

Extending your U.S. Stay

- Working while your extension petition is pending: *Extension filed BEFORE your expiration date = 240 days permitted to work pending approval * Extension filed, expiration date becomes current, and more than 240 days go by without decision= work authorization ceases and you must stop working