H3 Visa

Frequently Asked Questions & Answers

11. Can my dependents work on H-4 visa?

No, your dependents may not work on H-4 visa. They have to apply for appropriate Work Visa.

12. Can my dependents study on H-4 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.

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13. How do I apply for H-3 visa?

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.

Note: The petition should not be filed more than six months prior to the commencement of the program.

14. What additional documents are required for H-3 visa?

The documents required with the H-3 petition are:

  1. A description of the training program, staff, facilities, number of classroom hours per week, and the number of hours of on-the-job training per week
  2. Details of the trainee participation in the program
  3. Details of compensation to the trainee, if any
  4. Reasons why a trainee needs the training
  5. For Special education training programs:
    Evidence that the program provides special education to children with physical, mental, or emotional disabilities, and that any custodial care of the children is only incidental to the training program

Note: 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.

15. What should I do after my H-3 petition is accepted?

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:

  1. Form I-797, Notice of Approval of the H-3 visa petition
  2. Valid passport for you and each accompanying relative
  3. One passport-type photo of you and each accompanying relative
  4. Long form birth certificate for you and each accompanying relative
  5. Marriage certificate if you are married and bringing your spouse
  6. Documents showing that close family members or property are being left behind in your home country
  7. Documents showing a job is waiting on your return to your home country