Virginia H-3 Visa Lawyer

H-3 trainee visas allow foreign nationals to enter the United States to receive legitimate training from a U.S. employer. The H-3 applicant must live in a foreign country, which they have no intention of leaving permanently. Anyone who has further questions or concerns about the application process, please contact a Virginia employment visa attorney today.

H-3 Qualification Requirements

Trainees must be sponsored by a U.S. company. Their “host” company must first file a petition in the interest of the H-3 applicant with the United States Citizenship and Immigration Services, or “USCIS.” This process can be successfully managed by a qualified H-3 visa lawyer in Virginia. The petitioner must declare the following facts:

• The training is not available the applicant’s home country.
• The trainee will not be part of the host company’s normal business operations.
• The only “productive duties” the trainee performs will be incidental and necessary to the training that is received.
• The instruction received by the trainee will be in the exclusive interests of his or her career pursuits in their home country.

It usually takes several months for USCIS to process the host company’s petition. For a fee, premium processing, which guarantees that the application will be processed in 15 days, is available. If the processing time exceeds 15 days, USCIS will refund the fee, and the application will still be expedited.

Once the host petition is approved, the trainee will then apply to the nearest U.S. embassy for a travel visa to the U.S. The trainee must provide proof of intent to return home at the conclusion of the training period. He or she should keep these documents of proof as they will be needed again during the visa-approval process upon arrival in the U.S. The H-3 visa applicant will also undergo a stringent background and security check, which will take 60 days or longer. During this process, it will help to have a Virginia H-3 visa attorney helping you along.

For trainees who are already legally in the U.S., it will be necessary to have their H-3 status adjusted. It is not necessary to return home to do this. Because there can be difficulty in adjusting visa status from their current category to an H-3, the assistance of a seasoned immigration lawyer before applying is a great help.

H-3 visas are limited to two years. They cannot be renewed.  Once it expires, the trainee must return home and remain there before being allowed to re-apply for subsequent entry into the U.S. under a different visa (such as an L1A, L1B or student).

Filing an H-3 Visa in Virginia

The foreign petitioner’s H-3 application must do all of the following:

• Describe the type of training, anticipated supervision, and the structure of the program
• Disclose the amount of any time that the trainee spends on “productive employment”
• Declare the amount of hours devoted to classroom instruction and in on-the-job training
• Describe the career path that the training will benefit the foreign national
• Outline the reasons why the U.S. training cannot be received in the H-3 applicant’s country, thereby making it necessary to be trained in the United States; and
• Reveal the source of any compensation the foreign national receives and any additional pecuniary benefits that might accumulate during training.

The USCIS will not approve a training program that (among other things):

• Includes any non-specific answers to any application questions
• Is incompatible with applicant’s business
• Is considered “remedial” instruction in areas in which the foreign national already has specific expertise
• Will result in the trainee recruiting and training foreign nationals for operations in the United States
• Does not establish that the petitioner has the physical plant and sufficiently trained manpower to provide the training specified
• Falls under the guidelines of a student visa rather than a specific purpose for which the H-3 was created

Once approved, the H-3 employee’s spouse and minor children (under age 21) may apply for H-3 and H-4 visas, at a U.S. consulate or embassy. An experienced Virginia employment visa attorney can expedite a successful petition. Companies wishing to sponsor H-3 visa trainees should also contact a qualified H-3 Visa immigration lawyer.

Call a Virginia H-3 Visa Lawyer Today

The process of filing a H-3 visa application can be a complicated process with many requirements. Hiring a Virginia H-3 visa lawyer to help you through the process will allow you to minimize your stress and allow you to focus your energy on other tasks. Call today to schedule an initial consultation.