Can I travel on an H-3 visa?
Yes – in fact, H-3 visa holders can leave and re-enter the United States an unlimited number of times on an H-3 visa. Your accompanying family members may also travel freely in and out of the United States on their H-4 visas, even if they are all foreign nationals. Any time spent outside the United States, however, will count against the H visa’s time limit.
Can I change my immigration status under an H-3 visa?
It depends. If your training lasts for more than six months, for example, you cannot change your status to L visa status or to another H visa status until you leave the US and remain abroad for at least six months. In other cases, you may change your status (most commonly to an employment visa in the same field), but you must request a change of status before your H-3 status expires.
What should I do if the USCIS does not recognize my training program?
Unfortunately, the USCIS is very strict about qualifying H-3 visas. Most successful training programs are run by either multinational companies or by US companies that seek business relationships with companies located abroad.
If your application is denied, or if you decide not to apply due to long odds against your application being accepted, you might try entering the US on a visitor’s (B-1 visa), if the program doesn’t last longer than six months.
How is the H-3 visa different from the H1B visa?
There are several ways in which H-1B visa holders differ from H-3 visa holders:
- The minimum education and training qualification is higher for the H-1B, which requires a college degree or its equivalent;
- You can legally apply for a green card while in H-1B status;
- You can stay for up to seven years in H-1B status; and
- The H-1B visa is subject to an annual cap of 80,000 visas per year, which is usually filled long before the end of the year.
In short, H-1B holders enjoy more flexibility than H-3 visa holders, but it is typically more difficult to obtain.
How much does an H-3 visa cost?
Filing the Form I-129 petition will cost the organization $460 while filing form DS-156 will cost the foreign national another $190. Premium processing, which is optional, will cost an additional $1,225. Certain additional fees may be assessed depending on which country’s citizenship you hold.
How long does the H-3 application process take?
From initial application to coming to the US, the application process usually takes a few months. You can reduce this time to a couple of weeks (excluding preliminary preparation for filing the petition) by opting for Premium Processing.
What is the H5 visa?
There is no H-5 visa category.