Texas H-3 Trainee Visa Lawyers

H-3 Trainee Visa

The H-3 visa applies to foreign nationals who travel to the US to receive training in a U.S. company provided such training is not available in the home country of the applicant. It is to be ensured that the travel is not for a graduate or medical program. Such a travel ensures advancement in the career of the applicant.

1. ELIGIBILITY:

To qualify for H-3 visa, you must be coming to the U.S. to receive training in areas such as commerce, agriculture, government, professions, finance, agriculture, or in an industrial establishment. You must prove that:

•· You are not receiving graduate medical education or training in the U.S;

•· You do not have the opportunity to receive similar training in your home country;

•· You need this training to advance your career outside the U.S;

•· You will not be productively employed unless it is necessary to the training;

•· The Training offered does not employ U.S. citizen and resident workers.

2. PRIVILEGES ON H-3 VISA:

On H-3 visa, you may:

•· Enter into the U.S. and get trained in a professional capacity for a temporary period;

•· Travel in and out of the U.S or remain in the U.S. continuously during the validity of your H-3 visa;

•· Bring your dependent spouse as well as unmarried children under 21 on H-4 visa.

3. LIMITATIONS ON H-3 VISA:

The limitations of H-3 Visa are:

•· The training program must be provided by the U.S. company which petitions for the foreign national;

•· Physicians are ineligible for the H-3 classification to receive any type of medical training or education;

•· If the H-3 visa holder remains in the U.S. for the maximum period of time, he or she may not seek a change of status, extension, or readmission to the U.S. in H or L status until he or she has resided outside of the U.S. for a period of six months;

•· Dependents of H-3 visa holders may not work in the U.S.

3. EXTEND STAY ON H-3 VISA:

You may not apply for extension of stay on H-3 visa. Upon the completion of the period of stay you are supposed to leave the U.S. as there is no extension facility for this visa.

3. CHANGE STATUS WHILE ON H-3 VISA:

You may apply for change of status while on H-3 visa. If you are taking up a job, have your employer file Form I-129, Petition for Nonimmigrant Worker, at the USCIS Regional Service Center with jurisdiction over your case if you are trying to change to H-1B or TN. Make sure your employer files for your spouse and children on Form I-539, Application to Extend or Change Nonimmigrant Status.

Visa processing can be difficult and confusing. If you would like the assistance of an experienced immigration attorney, please contact the firm by e-mail or call our offices. Bertolino LLP maintains offices in Austin, Houston and San Antonio. To reach an immigration law attorney in the Austin office, call 512.476.5757. For the San Antonio office, call 210.223.5553. For the Houston office, call 713.225.7474.