H-3 Visas

The H-3 visa is useful for a limited group of people- mainly those who are to participate in a training program in the United States. Such training must be unavailable in the worker’s home country. There are no restrictions on the number of H-3 visas that can be issued in one year.

H-3 visas cannot be used for permanent US employment-though productive employment in the U.S. can be a minor part of the total program. The purpose of the training should be to further a career in the person’s home country.

The H-3 visa is specific to the employer-the foreign national cannot transfer the visa to another employer. The H-3 visa can be approved for the length of time needed for the worker to complete the training program. However, no more than two years are normally permitted. Extensions of one year at a time may be allowed, but only if the person has not yet finished the original training, and only within the overall two-year maximum. The H-3 visa holder and family can travel in and out of the U.S. or remain in the U.S. continuously while the H-3 visa is valid. Spouses and children may not accept employment in the United States, though they can study on the H-4 visa.

It is significant to note that if the training in H-3 status lasts more than six months, then the foreign national person cannot change to H or L visa status until he/she has been outside the U.S. for six months. For those who are planning to apply for a new H-1B visa beginning April 1st, it is critical to time the period one remains in the US on H-3 accordingly.

Contact the Law Office of Sweta Khandelwal to see if the H-3 visa works for you.