Dependent family members can study on the H-4 Visa, and do not require a separate F-1 Student Visa application to enroll part-time in program.
H-3 Visa holders can apply for a change of status if hired for a job. Employer sponsorship is initiated with an employer filing of the USCIS Form I-129, Petition for Nonimmigrant Worker status. Change of status can be performed by submitting the Form I-129 to a Regional Service Center assigned jurisdiction over a visa holder’s case. Family member Application to Extend of Change Nonimmigrant status is filed by submitting Form I-539.
Dependent spouses and unmarried children under the age of 21 years may accompany an H-3 Visa holder under USCIS H-4 Visa status.
No, your dependents may not work on H-4 visa. They have to apply for appropriate Work Visa.
The limitations of H3 work visa are:
Dependent family members may not work on the H-4 Visa.
The processing time for H-3 petition is about four to six weeks, and it takes one to three months to process the H-3 visa application.
No, 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.
Yes, your dependents may study on H-4 visa. They do not have to apply for separate F-1 student visa. They can study on the same dependent H-4 visa.
The H-3 visa for a foreign national:
On H-3 visa, you may:
Yes, 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.
Limitations to the H-3 Visa are found in the following restrictions:
The standard processing time for the H-3 Petition is four to six weeks, followed by a one to three month H-3 Visa application processing time.
After the acceptance of the petition, you should file Form DS-160, Application for Nonimmigrant Visa, at the American Consulate near your residence along with the following documents:
The H-3 visa is a nonimmigrant visa which allows foreign nationals to enter the U.S. to receive training in a U.S. company. However, you may not come for a graduate program or medical training, and the training cannot be available in the trainee’s home country.
Special Exchange Visitors may also apply for nonimmigrant visas under the H-3 category. A Special Exchange Visitor is one who seeks to enter the U.S. to gain practical training in educating children with physical, mental, or emotional disabilities. The foreign national must have a foreign residence that he/she has no intention of abandoning, and may stay in the U.S. for up to 18 months. Only 50 foreign nationals per year may enter into the U.S. in the Special Exchange Visitor category.
There are not restrictions to travel for H-3 Visa. Multiple entry to the U.S. can be made during the schedule of the H-3 Visa prior to expiry. There are not USCIS limits to time spent outside of the country during the visa period.
Yes, you may take a few credits at a university which might support your training program. However, you may not join a full length course like an F-1 visa holder. Your employment should be limited to minimum hours and should be in the field of the training program.
After the H-3 Petition is approved, an H-3 Visa applicant should file the Form DS-160, Application for Nonimmigrant Visa with a nearby U.S. Consulate:
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:
There are not extensions offered for H-2 Visa holders beyond the 2 year stipulated time limit.
Special Education Trainees require evidence that the program offers special education training to professionals engaged in educating children with disabilities in another country, and that similar training is not offered in the home country of the applicant.
College and university credits are available to H-3 Visa holders of evidence that those courses support the designated training program. Full-time enrollment in a higher education program in lieu of a training program, however, is not permitted under H-3 Visa status. Employment is limited to a minimum hour scale accorded for completion of a training program in a field.
The H-3 visa provides foreign nationals entry to the U.S. for a training program, of a period of up two years. Participants in Special Education Training programs hold H-3 Visas valid for up to an 18 month period.
The documents required with the H-3 petition are:
If the documentation says that the foreign national is nearing the completion of a baccalaureate degree in special education, already holds such a degree, or has extensive experience in teaching children with physical, mental, or emotional disabilities it would be an added advantage.
To apply for H-3 visa, your U.S. employer must submit Form I-129, Petition for Nonimmigrant Worker, with the regional USCIS center that has jurisdiction over the place where the training will be offered.
The petition should not be filed more than six months prior to the commencement of the program.