There are not a lot of options for persons trying to obtain status in the United States at this time. The H-3 visa program offers one option for persons without a college degree who have an employer-sponsor. The H-3 visa allows one to come to the U.S. for on-the-job training to be provided by an American company. The purpose of the training is to further the applicant's career in your home country.
To qualify for an H-3 visa, one must have the necessary background, education and experience to complete the U.S. training program successfully. The training programs must meet the strict qualifications for such programs mandated by the BCIS (formerly the INS). It is therefore necessary to submit to the BCIS a comprehensive written training program.
The basic requirements of the visa are:
- Training Program. The applicant needs a specific offer to participate in a job-training program from a U.S. company. The job training must be one that will further the applicant's career abroad. The training program must have structure with a curriculum, books and study materials. BCIS will scrutinize the training program to see if it meets its standards.
- Training Is Unavailable in Your Home Country. One of the more difficult requirements for getting an H-3 visa is that the training you will receive in the U.S. must be unavailable to you in your home country.
- Qualifications. The applicant must have the necessary qualifications for the training position. This does not mean the applicant must be highly trained in the field, just that his background cannot be inconsistent with the training the applicant now seeks.
- Intent to Return to Home Country H-3 visas are meant to be temporary. At the time of applying, the applicant must intend to return home when the visa expires. An applicant must submit evidence showing that when he completes his training, he will go back home and use it there.
When a person qualifies for an H-3 visa, their spouse and unmarried children under age 21 can get H-4 visas authorizing them to stay in the U.S., but not to work there.
The H-3 program is not for everyone; but it does provide one option to try to bring your relatives to the U.S. or stay here legally, provided an employer / sponsor can be found and the training that is offered meets the strict requirements of the program.
WARNING: The following is article
discussing legal issues. It is not intended to be a substitute
for legal advice. We recommend that you get competent legal
advice specific to your case. If you would like such advice
from our office, call (415) 777-4445 or (916) 349-2900 or
(408) 993-9737.
|
