H-3 Visa

Visa applications are one of the first steps an individual takes when they are trying to immigrate to the United States. An individual will need to have a visa whether they intend to visit the United States or to relocate there permanently.

What Types of Visas are Available?

There are many types of visas which may be available for individuals who want to visit the United States or to reside there permanently, including:

• Family-based petition visas;
• Employment-based visas;
• Permanent visas, and
• Student visas.

The type of visa which an individual will apply for will be based upon how long they intend to remain in the United States and their purpose for coming. Visas may be obtained for many reasons, including:

• For business travel;
• For tourist travel;
• To attend an academic institution in the United States as a student; or
• To marry a United States citizen.

The length of time that the individual will remain in the United States is important. If they wish to travel to the United States as part of a visa waiver exchange program, they are permitted to visit for 90 days without obtaining a visa.

Countries that participate in the visa exchange program include:

• Australia;
• Japan; and
• Many European countries.

It is important to note that there are differences between visitor visas and immigration visas. Immigration visas are for individuals who are staying in the United States long-term so they can gain citizenship.

What is an Entry Visa?

Entry visas are immigration documents which are issued to non-immigrant travelers who want to enter and temporarily stay in the United States for a specific period of time. There are many different types of entry visas an individual can choose from, with each one being based upon the reason for the individual’s trip and the amount of time which they intend to stay in the United States.

For example, non-immigrant travelers can apply for entry visas for several reasons, including:

• To take care of business-related matters, such as a visitor visa or B-1 visa;
• For vacation or tourism purposes;
• To receive medical treatment; or
• To marry a U.S. citizen, such as a fiancé visa or K-1 visa.

Additionally, there are different classifications for different types of visas. For example, an individual may apply for a single-entry visa if they only want to be in the U.S. for a short period of time.

In contrast, if an individual wants to make multiple trips to and from the United States, they may need to apply for a multiple-entry visa. There are two main categories of entry visas, non-immigrant visas and immigrant visas.

Foreign-born nationals will be required to determine if they want to obtain a non-immigrant entry visa or an immigrant entry visa prior to applying. Individuals who wish to live and work permanently in the United States should apply for an immigrant visa and those who only intend to travel to the U.S. temporarily will apply for a non-immigrant entry visa.

What are Some Requirements in a Visa Application?

When an individual is submitting their visa application, they will be required to answer many questions. The individual will also be required to submit proof for any of the claims which they are making.

Information and documents which an individual may have to provide when they apply for a visa include:

• An official photo ID;
• Travel documents, including a valid passport, when available;
• A birth certificate;
• Proof of residence within the past five years;
• Employment-related documents;
• Bank account statements as well as proof of financial capability;
• Medical records;
• Various processing fees; and
• Other requirements that may be specific to each individual case.

There are numerous subcategories of temporary visas, each with its own set of requirements which are based on the nature of the visa for which the individual is applying. For example, individuals who are applying for student visas will be required to provide proof of their acceptance to and cooperation with their sponsoring educational institution.

Similar to this, employment-based visas will usually require proof of employment of an alien labor certification.

What are Some Tips for Handling a Visa Application?

There are several tips which may help an individual when they are completing their visa application, which include:

• Only using the official forms because immigration officials will not accept non-standard forms;
• Not leaving anything out that is requested or required;
• Not submitting more than is requested;
• Providing exactly what is being asked, nothing more, nothing less; and
• Asking for help if necessary, an individual should not try to figure out the process on their own. If needed, hire an attorney for assistance.

What is a H-3 Visa?

An H-3 visa is a non-immigrant visa which allows a foreign national to enter the United States in order to receive vocational training at a United States company. A foreign national is required to intend to use their United States training to perform a job outside of the U.S.

Their training is required to be at a company and not at a school. An H-3 visa cannot be used to enter the United States for a graduate program or medical training.

In addition, the training is required to be a type of training which is not available in the home country of the applicant. Another form of the H-3 visa is the Special Education Exchange Visitors Visa.

This visa allows children with emotional, mental, or physical disabilities to participate in special education sessions in the U.S. These visas are very difficult to obtain.

Many individuals who apply are denied a visa due to a very low number allowed to be issued every year.

How Do I Qualify for a H-3 Visa?

In order for an individual to qualify for a H-3 visa, the applicant is required to have employer sponsorship. Employees must file a petition prior to the H-3 visa being approved.

Additionally, the employee is required to show that:

• They are not receiving graduate medical training;
• They do not have the opportunity to seek similar training in their home country;
• The training that is offered does not displace any United States citizens from possible employment; and
• The applicant will not be employed during their stay in the United States.

The holder of a H-3 visa can accept part-time employment only if that employment is reasonably related to their training.

What Can I Do on a H-3 Visa?

A H-3 visa allows an individual to obtain valuable professional training which may then be used in their home country. H-3 visas are typically used when an international company is looking to bring an individual for training at their U.S. office.

H-3 visa holders can travel around and outside of the United States an unlimited number of times and for unlimited periods of time. A H-3 visa will last as long as the training is scheduled to last and cannot be extended.

When the H-3 visa expires, the individual cannot apply for a change in status. They can, however, change their status prior to the visa expiring.

A H-3 visa lasts for a maximum of 2 years. After those 2 years, the H-3 visa holder will be required to leave the U.S.

Do I Need an Attorney?

It is essential to have the assistance of an immigration lawyer for any issues, questions, or concerns you may have related to a H-3 visa. Your attorney can advise you regarding the visa application process and can review what other visa options may be available.

In addition, if you want to bring your spouse and/or minor children with you to the United States while on your H-3 visa, your attorney can assist your family members with applying for a H-4 visa.