B
O
C
The H-3 category applies to a foreign national coming temporarily
to receive training from an employer in any field other than
graduate education or training.
Petition Document Requirements
The petition should be filed by the U.S. employer with:
H-3 Special education training program.
The H-3 classification also applies to an alien coming temporarily
to participate in a special education training program in the
education of children with physical, mental, or emotional
disabilities.
Petition Document Requirements
The petition (Form I-129) must be filed by the U.S. employer who
has a professional staff and a structured program for providing
education to children with disabilities. The petition must be filed
with:
Filing the I-129 Petition:
USCIS Form I-129 consists of a basic petition and different
supplements that apply to the various visa categories. In order to
petition for a temporary worker, the prospective employer or
agent must file Form I-129, Petition for Nonimmigrant Worker, and
the appropriate supplement with the U.S. Citizenship and
Immigration Services (USCIS) accompanied by the required
payment, and initial evidence or documentation.
Once the petition is approved, the employer or agent is sent a
Notice of Approval, Form I-797. Approval of a petition does not
guarantee visa issuance to an applicant. Applicants must also
establish that they are admissible to the U.S. under provisions of
the Immigration and Nationality Act (INA).
Applying for the Visa:
If the prospective worker (beneficiary) is outside of the country,
he must apply for a visa. After the USCIS has approved the I-129
and sent notice to the consulate in the beneficiary’s country, the
beneficiary must file a visa application with the consulate. Some
aliens may be visa exempt. In those cases, the I-129 approval
notice is sent to the port of entry (POE) where the beneficiary
intends to apply for admission.
For specific procedures on Visa Application Procedures,
Required Documentation and Visa Ineligibility Waiver, please visit
Visa Services at the Department of State.
If the beneficiary is already in the U.S. and is changing from one
nonimmigrant status to another, a visa is not required. However, a
visa may be required if the beneficiary subsequently leaves the U.
S. and wishes to re-enter.
Entry into the U.S.
Applicants should be aware that a visa does not guarantee entry
into the United States. The U.S. Customs and Border Protection
(CBP) has authority to deny admission at the port of entry to any
applicant who is inadmissible under INA, even if the applicant has
a visa. Also, the CBP, not the consular officer, determines the
period for which the bearer of a temporary work visa is authorized
to remain in the United States. At the port of entry, CBP officials
issue Form I-94, Record of Arrival-Departure, which notes the
length of stay permitted. The decision to grant or deny a request
for extension of stay, however, is made solely by the USCIS.
When to File:
Petitions should be filed as soon as possible, but no more than 6
months before the proposed employment will begin or the
extension of stay is required. If the petition is not submitted at
least 45 days before the employment will begin, petition
processing and subsequent visa issuance may not be completed
before the alien's services are required or previous employment
authorization ends.
to receive training from an employer in any field other than
graduate education or training.
Petition Document Requirements
The petition should be filed by the U.S. employer with:
- A detailed description of the training program, including the
number of classroom hours per week and the number of
hours of on-the-job training per week;
- A summary of the prior training and experience of each
alien in the petition; and
- An explanation of why the training is required, whether
similar training is available in the foreign national's country,
how the training will benefit the alien in pursuing a career
abroad, what benefits the employer will derive from the
training, and why the employer will incur the cost of
providing the training without significant productive labor
from the trainee(s).
H-3 Special education training program.
The H-3 classification also applies to an alien coming temporarily
to participate in a special education training program in the
education of children with physical, mental, or emotional
disabilities.
Petition Document Requirements
The petition (Form I-129) must be filed by the U.S. employer who
has a professional staff and a structured program for providing
education to children with disabilities. The petition must be filed
with:
- A description of the training, staff and facilities, evidence
the program meets the above conditions and details of the
alien's participation in the program; and
- Copies of evidence the foreign national is nearing
completion of a baccalaureate degree in special education,
already holds such a degree or has extensive prior training
and experience in teaching children with physical, mental,
or emotional disabilities.
Filing the I-129 Petition:
USCIS Form I-129 consists of a basic petition and different
supplements that apply to the various visa categories. In order to
petition for a temporary worker, the prospective employer or
agent must file Form I-129, Petition for Nonimmigrant Worker, and
the appropriate supplement with the U.S. Citizenship and
Immigration Services (USCIS) accompanied by the required
payment, and initial evidence or documentation.
Once the petition is approved, the employer or agent is sent a
Notice of Approval, Form I-797. Approval of a petition does not
guarantee visa issuance to an applicant. Applicants must also
establish that they are admissible to the U.S. under provisions of
the Immigration and Nationality Act (INA).
Applying for the Visa:
If the prospective worker (beneficiary) is outside of the country,
he must apply for a visa. After the USCIS has approved the I-129
and sent notice to the consulate in the beneficiary’s country, the
beneficiary must file a visa application with the consulate. Some
aliens may be visa exempt. In those cases, the I-129 approval
notice is sent to the port of entry (POE) where the beneficiary
intends to apply for admission.
For specific procedures on Visa Application Procedures,
Required Documentation and Visa Ineligibility Waiver, please visit
Visa Services at the Department of State.
If the beneficiary is already in the U.S. and is changing from one
nonimmigrant status to another, a visa is not required. However, a
visa may be required if the beneficiary subsequently leaves the U.
S. and wishes to re-enter.
Entry into the U.S.
Applicants should be aware that a visa does not guarantee entry
into the United States. The U.S. Customs and Border Protection
(CBP) has authority to deny admission at the port of entry to any
applicant who is inadmissible under INA, even if the applicant has
a visa. Also, the CBP, not the consular officer, determines the
period for which the bearer of a temporary work visa is authorized
to remain in the United States. At the port of entry, CBP officials
issue Form I-94, Record of Arrival-Departure, which notes the
length of stay permitted. The decision to grant or deny a request
for extension of stay, however, is made solely by the USCIS.
When to File:
Petitions should be filed as soon as possible, but no more than 6
months before the proposed employment will begin or the
extension of stay is required. If the petition is not submitted at
least 45 days before the employment will begin, petition
processing and subsequent visa issuance may not be completed
before the alien's services are required or previous employment
authorization ends.
BOGLE
OKOYE
CHANG
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BOGLE & CHANG, LLC
Copyright © 2010 Bogle & Chang, LLC. All Rights Reserved.
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H3 Work Visa: Company Trainee
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