H-3 VISA
An H-3 visa is a nonimmigrant visa category for U.S. employers seeking to provide a training to foreign national in any field of endeavor. H-3 spouses and unmarried children who are under the age of 21 may accompany them to the United States as H-4 nonimmigrants. However, H-4 nonimmigrants are not permitted to work in the United States.
The type of programs that are appropriate for H-3 visas depend on the overall goals and objectives of the petitioning company. Training programs can be developed for almost any career. In addition, H-3 visas may be appropriate in lieu of J-1 Trainee visas. However, H-3 programs are more prevalent in industries related to science, finance, transportation, commerce, communications, agriculture, engineering, technology, and mathematics. Furthermore, H-3 visas are also appropriate when a company abroad has a U.S. based location (or vice versa) and a current employee or new hire requires in-person training in the United States in order to excel in their position at a worksite location abroad.
If you’re a U.S. company wanted to establish an H-3 program, schedule a strategy session today to discuss the process with an experienced immigration attorney. What are the general steps for getting an H-3 visa from the foreign national perspective?
- Find a company with an appropriate U.S. H-3 training program that is related to your desired career field and apply to be admitted. Or if you’re interested in a particular company reach out to them to discuss the possibility of creating an H-3 training program at their company for international trainees. It is worth a shot! Introducing the company to an immigration attorney may help with the facilitation of educating the company on the H-3 process and creating an H-3 training program.
- If accepted to apply to the H-3 trainee program, the company where the training program is being held should vet you to make sure that you qualify for their H-3 training program before initiating the H-3 visa process.
- If approved after the vetting process has been completed, the company will typically work with an immigration attorney to submit an H-3 petition with the appropriate supporting documentation to the USCIS to be adjudicated.
- If the petition is approved, USCIS will send an H-3 Approval Notice to the company. • If you are consular processing, the next steps would entail the completion of the visa application process at the U.S. consulate before you can enter the United States.
H-3s are not commonly used visas and immigration officers are often not familiar with this visa type. Therefore, H-3 visas are highly scrutinized by immigration and require strategic lawyering to be successful. A Request for Evidence (“RFE”) being issued for an H-3 application is more likely than not to occur even if the most skilled professional prepares the application. However, hiring a lawyer that understands the ‘secret sauce’ to prepare H-3 applications and respond to H-3 RFEs is the difference between a denial and an approval.
A list of the most common reasons that H-3 applications receive RFEs:
- Insufficient detail in the training plan.
- Insufficient proof that the H-3 Trainee will not participate in productive employment.
- Insufficient proof that the H-3 Trainee will not be placed in a position that is part of the normal business operations of the company in which citizens and residents are normally employed.
- Insufficient proof that the training plan is not designed to recruit and train H-3 Trainees for permanent job opportunities with the U.S. based company.
- Insufficient proof that the same or similar training programs are not available in the H-3 Trainee’s home country.
- Insufficient proof that the H-3 Trainee will have a career opportunity abroad after the completion of the training program / that the training obtained will prepare them to obtain a career abroad.
- Insufficient proof that the H-3 Trainee does not already possess the training and expertise being provided in the training program.
- Insufficient proof that the U.S. based company has sufficient staff to concurrently conduct the training and the company’s normal operations.
R-1 Visa
An R-1 nonimmigrant visa is for U.S. organizations seeking to temporarily employ ministers or others that work in religious capacity. A R-1 visa may be granted for an initial period of admission for up to 30 months and subsequent extensions for up to an additional 30 months. Your total period of stay in the United States in R-1 classification cannot exceed five years (60 months). USCIS only counts the time spent physically in the United States in a valid R-1 status toward the maximum period of stay.
The organization seeking to employ a foreign national as a minister or other religious occupation must be:
- Non-profit religious organization in the United States;
- Religious organization that is authorized by a group tax exemption holder to use its group tax exemption as 501(c)(3); or
- Non-profit organization which is affiliated with a religious denomination in the United States.
Requirements for R-1 Ministers
- The Petitioning Organization is a bona fide non-profit religious organization in the United States
- The Beneficiary has been a member of the denomination for at least two years immediately preceding the filing of the R-1 petition.
- The foreign national employee is being employed as a minister and is otherwise qualified for the position offered.
- The Beneficiary will be employed for at least 20 hours per week and establish the means and source of compensation.
Minister means someone who is fully authorized by and trained in the religious denomination to conduct religious worship, and perform other duties usually performed by authorized members of the clergy of the denomination; performs activities rationally related to being a minister; works solely as a minister in the United States which may include administrative duties incidental to the duties of a minister; and is not a lay preacher or person not authorized to perform clergy’s duties.
Requirements for R-1 Religious Workers
- The Petitioning Organization is a bona fide non-profit religious organization in the United States
- The Beneficiary has been a member of the denomination for at least two years immediately preceding the filing of the R-1 petition.
- The foreign national employee is being employed in a religious occupation and is otherwise qualified for the position offered.
- The Beneficiary will be employed for at least 20 hours per week and establish the means and source of compensation.
Religious Occupation means an occupation that meets all the following requirements: (A) the duties must primarily relate to a traditional religious function and be recognized as a religious occupation within the denomination; (B) the duties must be primarily related to, and most clearly involve, inculcating or carrying out the religious creed and beliefs of the denomination; (C) the duties do not include positions that are primarily administrative or support such as janitor, maintenance workers, clerical employees, fund raisers, persons solely involved in the solicitation of donations, or similar positions, although limited administrative duties that are only incidental to religious functions are permissible; and (D) religious study or training for religious work does not constitute a religious occupation, but a religious worker may pursue study or training incident to status.
R-2 Visa for Immediate Family Members of a R-1
An R-1 religious worker’s spouse and unmarried children under the age of 21 may be eligible for R-2 classification. An R-2 dependent is not eligible to receive work authorization.
EB-4 – Religious Workers
EB-4 is an immigrant visa category for U.S. employers to permanent employ ministers EB-4 requirements include:
- You must be a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least two years immediately before filing the petition.
• You must have been working as a minister or religious worker after the age of 14, either abroad or in the United States, continuously for at least two years immediately before the filing of a petition with USCIS
TN Visa Professionals for Mexicans and Canadians
A TN is a nonimmigrant visa are for U.S employers seeking to temporarily employ qualified Canadians and Mexicans citizens at a professional level. The TN visa was created by the North American Free Trade Agreement (“NAFTA”) which formed special economic and trade relationships for the United States,
Canada and Mexico. A TN visa may be granted for an initial period of admission for up to 3 years and has no limitations on the number of times the visa can be extended.
Among the professionals who are eligible to seek admission into the United States as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, teachers, and more. Here is a link to the full list of NAFTA professionals that qualify for a TN nonimmigrant visa: https://www.ecfr.gov/current/title-8/ chapter-I/subchapter-B/part-214/section-214.6
TD Status for Immediate Family Members of a TN
Spouse and unmarried children under the age of 21 may be eligible for TD nonimmigrant status. Canadian spouses and children are not required to obtain a TD visa but must apply for TD status at a CBP designated U.S. port of entry or at a designated pre-clearance/pre-flight inspection status. Mexican spouses and children must apply for a TD nonimmigrant visa at a U.S. Embassy or Consulate. Spouses and children are not permitted to work while in the United States, but they are permitted to study.
