The H-3 Nonimmigrant classification allows noncitizens to go to the United States temporarily as either a Trainee or a Special Education Exchange Visitor for training purposes.
A Trainee may be in any field of endeavor other than graduate medical education or training, and such training must not be available in the noncitizen’s home country. A Special Education Exchange Visitor is to participate in a program that provides for practical training and experience in the education of children with physical, mental, emotional disabilities.
An H-3 trainee must be invited by a U.S. employer or organization to receive the training, and such training may be in any field pertaining to Agriculture, Commerce, Communications, Finance, Government, Transportation or Other Professions.
To meet USCIS’s H-3 visa requirements, the U.S. employer or organization must establish a comprehensive training program supported by a thorough description and supporting documents.
This visa classification cannot be used for employment in the U.S. It is designed to provide a noncitizen with job-related training for work that will ultimately be performed outside the U.S.
Family members of an H-3 nonimmigrant visa holder, including spouse and children under the age of 21, are entitled to accompany the trainee while on H-3 status. However, H-3 dependents are not permitted to work in the U.S. The period of stay in the U.S. for a Trainee is up to 2 years, and for a Special Education Exchange Visitor, 18 months.
During the validity of the visa, the H-3 visa holder can enjoy the privileges of entering, exiting or remaining in the U.S. Upon completion of the period of stay, the visa holder must leave the U.S. as there is no extension facility for this visa.
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1. |
Application Procedures and Fees |
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Our fees for handling the application of a H-3 visa in the United States is USD6,500. An additional USD1,500 will be charged for each dependent visa.
In particular, our fees cover the following services: |
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Note: |
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2. |
Payment Term and Method |
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Upon receipt of confirmation of engagement, we will issue an invoice and email it together with detailed wire instructions to you. Because of the nature of services, we require full payment in advance. In addition, once service is commenced, no service fees will be refunded. We currently only accept check, cash or TT and credit card payment through PayPal. If invoice is settled by PayPal, an extra 5% service fee will be charged.
If Taiwan uniform invoice is required, a Business Tax at 5% of the invoiced amount will be charged and collected.
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3. |
Eligibility Criteria |
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To qualify for an H-3 visa,
the following eligibility requirements must be met: |
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The Trainee: |
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(1) |
Must be invited by an
individual or organization for the purpose of receiving training, in any field
including but not limited to: |
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(2) |
Must not be receiving a graduate
medical education or training in the U.S.; |
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(3) |
Must be receiving the
training to advance his/her career outside the U.S.; |
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(4) |
Must not have a similar
training that is available in his/her home country; |
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(5) |
Must not engage in
productive employment unless such employment is incidental and necessary to the
training; |
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(6) |
Must not be placed in a
position which is in the normal operation of the business and in which U.S.
citizens and resident workers are regularly employed. |
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For Special Education Exchange Visitor: |
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(1) |
The petition must be filed
by a facility which has professionally trained staff and a structured program
for providing education to children with physical, mental, or emotional
disabilities; |
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(2) |
The professional facility
must provide training and hands-on experience to participants in the special
education exchange visitor program. |
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Note: |
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(1) |
A numerical limit (or
“cap”) of no more than 50 special education exchange visitors in a fiscal year; |
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(2) |
The period of stay for the
approved special education exchange visitor may be allowed to remain in the
United States for up to 18 months. |
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For Dependents: |
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(1) |
Visas (H-4) are available
for an accompanying spouse and minor children (unmarried and under age 21) of H-3
beneficiary. |
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Note: |
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(1) |
Dependents of H-3
beneficiary may not accept employment in the United States. Children are
expected to attend school, and adults can attend school part-time under the
terms of the H-4 visa. |
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(2) |
The dependents of H-3 beneficiary can enter, exit or remain in the United States continuously while the H-3 visa is valid.
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4. |
Validity of the Visa and Extension of Stay |
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H-3 trainees and externs can only extend their stay if their original stay was less than 2 years, and the total period of stay, together with the extension period, does not exceed 2 years.
H-3 special education exchange visitors can extend their stay in the United States only if their total period of stay does not exceed 18 months. Upon completion of the period of stay, the applicants are supposed to leave the U.S. as there is no extension facility for this visa.
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5. |
Change of Visa Status |
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If the training in H-3 status lasts more than six months, then the person cannot change to L visa status or another H visa status until having been outside the U.S. for six months.
If the H-3 visa holder remains in the U.S. for the maximum period of time, he/she may not seek a change of status, extension, or readmission to the U.S. in H or L status until he/she has resided outside of the U.S. for a period of six months.
Other changes of status are allowed, but must be requested before the H-3 visa has expired.
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6. |
Supporting Documents and Information |
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General Document Requirement |
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(1) |
Photocopy of applicants’
passport showing the status |
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(2) |
If the beneficiary is in
the United States, a copy of the I-94 or other proof of current lawful,
unexpired immigration status |
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Specific Documents for Trainee: |
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(1) |
The proposed training is
not available in the noncitizen’s native country; |
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(2) |
The noncitizen will not be
placed in a position which is in the normal operation of the business and in
which U.S. citizens and resident workers are regularly employed; |
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(3) |
The noncitizen will not
engage in productive employment unless such employment is incidental and
necessary to the training; |
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(4) |
The training will benefit
the beneficiary in pursuing a career outside the United States; |
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(5) |
Proof that the petitioner
has the physical facility and sufficiently trained staff to provide the
training described in the petition; |
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(6) |
An explanation from the
petitioner regarding benefits it will obtain by providing the training, including
why it is willing to incur the cost of the training. |
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(7) |
A summary of the
beneficiary’s prior relevant training and experience, such as diplomas and
letters from past employers. |
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(8) |
If the beneficiary is a
nonimmigrant student, evidence that the proposed training was not designed to
extend the total allowable period of practical training. |
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(9) |
A detailed written statement from the petitioner containing: |
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Specific Documents for Special Education Exchange Visitor: |
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Document provided by U.S. professional facility: |
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Document provided by the beneficiary: |
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Note: |
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Any custodial care of
children must be incidental to the noncitizen’s training. |
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Document Requirement for Dependents |
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7. |
Important Notes |
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A training program
may NOT be approved which: |
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8. |
Procedures and Timeline |
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Typically, the duration associated with a visa petition approval is 4-6 weeks, but timing under this class varies greatly. Please confirm with our consultants prior to filing an application.
Please be noted that the U.S. organization sponsoring the submission of petition at least 6 months prior to the start of the Training program.
Once the petition is approved, the H-3 Visa processing time may take between 1-3 months. You may also pay a premium processing fee to USCIS to ensure the petition is processed within 15 calendar days.
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Related Topics: US L-1 Non-Immigrant Visa (Intra-Company Transferees) | US E-2 Non-Immigrant Visa | US B-1/B-2 Visitor Visa |
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Should you need any assistance or wish to obtain more information, please also browse our official website at www.kaizenvis.com or contact us through the following means:
T: +852 2341 1444 M: +852 5616 4140, +86 152 1943 4614 WhatsApp / Line / Signal / WeChat: +852 5616 4140 Skype: kaizencpa |