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01-20 08:20 AM
In this Bog article we discuss the very unfamiliar area of H3 visas for the Hospitality Industry. The very talented attorney Kate Powell from our office has been very successful in crafting and getting approved numerous such cases, and her summary is presented below.
The H-3 nonimmigrant (http://www.h1b.biz/lawyer-attorney-1137115.html) visa category is available for aliens coming temporarily to the United States as either a:
� Trainee to receive training, other than graduate or medical education training, that is not available in the alien�s home country or
� Special Education Exchange Visitor to participate in a special education exchange visitor training program for children with physical, mental, or emotional disabilities.
This article will cover only H-3 trainee visas. H-3 training may be in a variety of fields, including commerce, communications, finance, government, transportation, agriculture, etc. Our office has been successful in obtaining H-3 visas for numerous hospitality trainees to receive hospitality related training at the hotels in the U.S.
Training purpose. The heart of an H-3 petition is the explanation for conducting the training in the United States. The petition should describe how the U.S. company is benefited by providing the training, the career abroad for which the training will prepare the foreign national, and the reason why the training cannot be obtained in the foreign national�s home country. The training program should be related to the petitioner�s business and cannot be for workers who already possess �substantial training and expertise� in the area of training.
The petitioner must establish its ability to provide the training, and the training program itself must not be available in the foreign national�s own country. In addition, the training cannot be in a field unlikely to be used outside the United States, or the primary purpose of which is to eventually staff the domestic operations of the U.S. company. This classification is not intended for employment within the United States. The petitioner must establish that the beneficiary will not engage in productive employment unless such employment is incidental and necessary to the training. It is designed to provide an alien with job related training for work that will ultimately be performed in the alien�s home country.
Therefore, it is very important to show that the trainee has no intention of abandoning his or her foreign residence and will return to his or her home country upon completion of the training program.
Training program. In order to obtain H-3 classification, the petitioner must describe the training program in detail. The description must include the nature of the training, the type of supervision, the proportion of time, if any, that will be devoted to productive employment, the number of hours in classroom instruction and/or on-the-job training, and an itinerary if the training will be in more than one location. The training program that deals in generalities with no fixed schedule, objectives, or means of evaluation will not be approved.
Practice shows that training programs will be approved if they are described carefully and specifically, and if the petitioner demonstrates some benefit to the U.S. company providing the training.
Advantages of H-3 category
1) Eligibility for H-3 status is not based on advanced education. Unlike nonimmigrant work visas, absence of the degree in the field of training is actually beneficial for H-3 classification. The regulations require that the alien does not possess substantial training in the proposed field of training.
2) There are no numerical limits on the number of H-3 petitions granted each year. H-3 may be a good option for an alien who wants to stay in the U.S. and eventually apply for H-1B, but the number of H-1B visas allotted for the fiscal year has run out and the alien has to wait until the visas become available. In that case, the alien might want to receive H-3 training and then switch to H-1B in the future. If this is the case, the adjudicator might later request evidence that the alien has intent to go back to his or her home country after completion of the temporary employment in the U.S. This is because anytime you apply for a nonimmigrant visa the adjudicating officer has a presumption that you have the intent to immigrate. Therefore, the burden is on you to show that you have sufficient ties with your home country, such as relatives, property, offer of employment upon your return, etc.
3) Sometimes it may be beneficial to obtain H-3 training visa rather than J-1 training visa. Certain J-1trainees are subject to a two-year home residency requirement that requires that they return to their home country before they can acquire H or L visa status or permanent residency. The H-3category does not have such a requirement, and there are no specific rules excluding any particular occupations--unlike the J-1 training category, which has numerous occupational exclusions.
Limitations on extensions. If the H-3 petition is approved, you may be allowed to remain in the United States for up to 2 years. However, we advise our clients to complete the training program before the expiration of 2 years. An H-3 foreign national trainee who has completed two years of training may not have his or her status extended or changed or be readmitted to the United States with another H or L visa unless he or she has resided outside the United States for at least six months. In order to avoid that, we recommend our clients to change their status before completing full two years of training. In that case, the alien does not have to remain outside the U.S. for 6 months.
In case H-3 visa is denied, there are ways to challenge the denial. Our office has been successful in securing an H-3 visa even after the denial was issued.
H-3 training visa may be used to provide a nonimmigrant solution for training in a variety of industries, and, thus, can be a valuable tool in meeting the goals of U.S. employers and foreign nationals seeking training in the United States. The circumstances of each case must be evaluated to determine which would be more appropriate and advantageous to your particular case, taking into consideration many of the factors discussed above. If you are interested in your eligibility for H-3 visa, contact our office for additional information.
More... (http://www.visalawyerblog.com/2011/01/hospitality_h3_trainee_visas_o.html)
The H-3 nonimmigrant (http://www.h1b.biz/lawyer-attorney-1137115.html) visa category is available for aliens coming temporarily to the United States as either a:
� Trainee to receive training, other than graduate or medical education training, that is not available in the alien�s home country or
� Special Education Exchange Visitor to participate in a special education exchange visitor training program for children with physical, mental, or emotional disabilities.
This article will cover only H-3 trainee visas. H-3 training may be in a variety of fields, including commerce, communications, finance, government, transportation, agriculture, etc. Our office has been successful in obtaining H-3 visas for numerous hospitality trainees to receive hospitality related training at the hotels in the U.S.
Training purpose. The heart of an H-3 petition is the explanation for conducting the training in the United States. The petition should describe how the U.S. company is benefited by providing the training, the career abroad for which the training will prepare the foreign national, and the reason why the training cannot be obtained in the foreign national�s home country. The training program should be related to the petitioner�s business and cannot be for workers who already possess �substantial training and expertise� in the area of training.
The petitioner must establish its ability to provide the training, and the training program itself must not be available in the foreign national�s own country. In addition, the training cannot be in a field unlikely to be used outside the United States, or the primary purpose of which is to eventually staff the domestic operations of the U.S. company. This classification is not intended for employment within the United States. The petitioner must establish that the beneficiary will not engage in productive employment unless such employment is incidental and necessary to the training. It is designed to provide an alien with job related training for work that will ultimately be performed in the alien�s home country.
Therefore, it is very important to show that the trainee has no intention of abandoning his or her foreign residence and will return to his or her home country upon completion of the training program.
Training program. In order to obtain H-3 classification, the petitioner must describe the training program in detail. The description must include the nature of the training, the type of supervision, the proportion of time, if any, that will be devoted to productive employment, the number of hours in classroom instruction and/or on-the-job training, and an itinerary if the training will be in more than one location. The training program that deals in generalities with no fixed schedule, objectives, or means of evaluation will not be approved.
Practice shows that training programs will be approved if they are described carefully and specifically, and if the petitioner demonstrates some benefit to the U.S. company providing the training.
Advantages of H-3 category
1) Eligibility for H-3 status is not based on advanced education. Unlike nonimmigrant work visas, absence of the degree in the field of training is actually beneficial for H-3 classification. The regulations require that the alien does not possess substantial training in the proposed field of training.
2) There are no numerical limits on the number of H-3 petitions granted each year. H-3 may be a good option for an alien who wants to stay in the U.S. and eventually apply for H-1B, but the number of H-1B visas allotted for the fiscal year has run out and the alien has to wait until the visas become available. In that case, the alien might want to receive H-3 training and then switch to H-1B in the future. If this is the case, the adjudicator might later request evidence that the alien has intent to go back to his or her home country after completion of the temporary employment in the U.S. This is because anytime you apply for a nonimmigrant visa the adjudicating officer has a presumption that you have the intent to immigrate. Therefore, the burden is on you to show that you have sufficient ties with your home country, such as relatives, property, offer of employment upon your return, etc.
3) Sometimes it may be beneficial to obtain H-3 training visa rather than J-1 training visa. Certain J-1trainees are subject to a two-year home residency requirement that requires that they return to their home country before they can acquire H or L visa status or permanent residency. The H-3category does not have such a requirement, and there are no specific rules excluding any particular occupations--unlike the J-1 training category, which has numerous occupational exclusions.
Limitations on extensions. If the H-3 petition is approved, you may be allowed to remain in the United States for up to 2 years. However, we advise our clients to complete the training program before the expiration of 2 years. An H-3 foreign national trainee who has completed two years of training may not have his or her status extended or changed or be readmitted to the United States with another H or L visa unless he or she has resided outside the United States for at least six months. In order to avoid that, we recommend our clients to change their status before completing full two years of training. In that case, the alien does not have to remain outside the U.S. for 6 months.
In case H-3 visa is denied, there are ways to challenge the denial. Our office has been successful in securing an H-3 visa even after the denial was issued.
H-3 training visa may be used to provide a nonimmigrant solution for training in a variety of industries, and, thus, can be a valuable tool in meeting the goals of U.S. employers and foreign nationals seeking training in the United States. The circumstances of each case must be evaluated to determine which would be more appropriate and advantageous to your particular case, taking into consideration many of the factors discussed above. If you are interested in your eligibility for H-3 visa, contact our office for additional information.
More... (http://www.visalawyerblog.com/2011/01/hospitality_h3_trainee_visas_o.html)
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adde72
06-30 09:10 AM
You are a line jumper. Get out of here..:mad:
Line jumpers will pay he price later. USICS will be very tough in dealing the substitution LC..........desi employer are just making money by telling sweet words and attorneys are doing the lip service.
I am forwarding all the emails to USICS ,which i am getting from the employers who are trying to sell the LCs to me .
Line jumpers will pay he price later. USICS will be very tough in dealing the substitution LC..........desi employer are just making money by telling sweet words and attorneys are doing the lip service.
I am forwarding all the emails to USICS ,which i am getting from the employers who are trying to sell the LCs to me .
genscn
07-30 01:39 PM
Is it mention some where on USCIS website? I live in GA but since I-140 was filed at Nebraska center, My attorney sent my I-1485 at Nebraska too.
Yes
Yes
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bfadlia
03-18 09:37 AM
thanks everyone for their suggestions.I know the clock is ticking and I am gonna decide today itself. I have all documents prepared from last year and I missed the quota.
Did any one used http://www.usavisanow.com/ for their H1B filing.
I am waiting for some reference from any of senior membere here who have used their service
Thanks
I did. And I think they were proficient and fast.
They sent me forms and a list of the documents they needed, i mailed to them and it was done in a few days.
Did any one used http://www.usavisanow.com/ for their H1B filing.
I am waiting for some reference from any of senior membere here who have used their service
Thanks
I did. And I think they were proficient and fast.
They sent me forms and a list of the documents they needed, i mailed to them and it was done in a few days.
more...
dwl800
12-18 04:14 PM
I have recently moved to Indy. Do you guys want to meet? Count me in whenever you have the next meeting
factoryman
06-30 10:46 AM
and do it in PM. Someone asked is in a situation due to the attorney. He didn't seek or initiate LS.
Keep it polite. Moderators, watch and close this thread, if it becomes rowdy here.
Keep it polite. Moderators, watch and close this thread, if it becomes rowdy here.
more...
phigi
08-19 03:33 AM
that got me back my rights to Post messages. thanks Kannan
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eb3_nepa
04-03 10:50 PM
DOS tried to update the system reflecting a big jump in the visa dates for May. The system was unused to any changes lately - leave aside such large forward movements - and as a result it crashed.
DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.
Good one!! :)
DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.
Good one!! :)
more...
agc2005
10-26 11:02 AM
July 2nd filer, checks cashed on 10/16, still online status not available.
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thakurrajiv
01-29 07:11 PM
I have done this. No problems at all. For me they did not ask any question at all. I was carrying old and new I797. Hope this hepls.
more...
kumar1305
01-20 01:31 PM
All those guys are gone. Were we late coming to the USA?
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Steve Mitchell
February 6th, 2004, 10:20 PM
Here's a listing of the Top Ten selling digital cameras from PC World:
Coolpix 5700 Digital Camera (Nikon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=602253&mode=pcw_rss)
Optio S4 Digital Camera (Pentax) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=1274855&mode=pcw_rss)
PowerShot SD100 Digital Camera (Canon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=992451&mode=pcw_rss)
PowerShot G5 Digital Camera (Canon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=866753&mode=pcw_rss)
PowerShot A80 Digital Camera (Canon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=1163971&mode=pcw_rss)
Ultra Zoom C-750 Digital Camera (Olympus) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=707800&mode=pcw_rss)
Cyber-shot DSC-F828 Digital Camera (Sony) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=1272890&mode=pcw_rss)
PowerShot A70 Digital Camera (Canon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=706225&mode=pcw_rss)
EOS Digital Rebel EF-S SLR Digital Camera (Canon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=1136930&mode=pcw_rss)
PowerShot S400 Digital Camera (Canon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=706030&mode=pcw_rss)
Finepix S5000 Digital Camera (Fuji) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=987039&mode=pcw_rss)
Cyber-shot DSC-P10 Digital Camera (Sony) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=722442&mode=pcw_rss)
PowerShot S50 Black Digital Camera (Canon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=703590&mode=pcw_rss)
DiMAGE Z1 Digital Camera (MINOLTA-QMS) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=1185602&mode=pcw_rss)
Coolpix 5700 Digital Camera (Nikon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=602253&mode=pcw_rss)
Optio S4 Digital Camera (Pentax) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=1274855&mode=pcw_rss)
PowerShot SD100 Digital Camera (Canon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=992451&mode=pcw_rss)
PowerShot G5 Digital Camera (Canon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=866753&mode=pcw_rss)
PowerShot A80 Digital Camera (Canon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=1163971&mode=pcw_rss)
Ultra Zoom C-750 Digital Camera (Olympus) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=707800&mode=pcw_rss)
Cyber-shot DSC-F828 Digital Camera (Sony) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=1272890&mode=pcw_rss)
PowerShot A70 Digital Camera (Canon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=706225&mode=pcw_rss)
EOS Digital Rebel EF-S SLR Digital Camera (Canon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=1136930&mode=pcw_rss)
PowerShot S400 Digital Camera (Canon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=706030&mode=pcw_rss)
Finepix S5000 Digital Camera (Fuji) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=987039&mode=pcw_rss)
Cyber-shot DSC-P10 Digital Camera (Sony) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=722442&mode=pcw_rss)
PowerShot S50 Black Digital Camera (Canon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=703590&mode=pcw_rss)
DiMAGE Z1 Digital Camera (MINOLTA-QMS) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=1185602&mode=pcw_rss)
more...
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HOPE_GC_SOON
07-19 04:35 PM
Thanks Meridiani.
Is TSC doing Pre-adjudication Now a days ? Any Clue Gurus.. Otherwise, we have only 50% Chances.
Let's keep fingers crossed..
Thanks,
preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.
pre-adjudication has three advantages compared to starting to process only when teh PD is current:
- If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
- if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
- its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.
ur status does not change when your case is pre-adjudicated.
Is TSC doing Pre-adjudication Now a days ? Any Clue Gurus.. Otherwise, we have only 50% Chances.
Let's keep fingers crossed..
Thanks,
preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.
pre-adjudication has three advantages compared to starting to process only when teh PD is current:
- If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
- if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
- its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.
ur status does not change when your case is pre-adjudicated.
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amoschid
07-18 04:01 PM
thanks for the answer buddy
1) Yes, 140K includes primary applicant,spouse and minor children.
woaaah.. that's a very little number.... :p
2) It means India or any other country can be alloted upto 9800 green card per Fiscal Year, again this number includes spouse and children.
i see... thanks for the explanation,
this part still confused me though:
if i divide 140000 / 9800 = 14.28
that's only 14 countries, how was that suppose to work ?
also... let's use Japan & India again for example:
- suppose that India already used up to 9800 GC, and Japan only use 1500,
the 8300 GC (9800-1500) will remain unused ?
thanks again for the answer :D
1) Yes, 140K includes primary applicant,spouse and minor children.
woaaah.. that's a very little number.... :p
2) It means India or any other country can be alloted upto 9800 green card per Fiscal Year, again this number includes spouse and children.
i see... thanks for the explanation,
this part still confused me though:
if i divide 140000 / 9800 = 14.28
that's only 14 countries, how was that suppose to work ?
also... let's use Japan & India again for example:
- suppose that India already used up to 9800 GC, and Japan only use 1500,
the 8300 GC (9800-1500) will remain unused ?
thanks again for the answer :D
more...
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I_need_GC
10-14 08:57 AM
Renew you AP before Feb 25, 2009. You are usually paroled upto an year from the date of entry.
Yes you can file for AP your self, its as easy as filling out the form.
The stamps having nothing to do with the renewal.
My AP is expiring in Feb 25, 2009. I have some question regarding the renewal of my AP. When I came back this time afterthe vacation, at the airport they stamp my ap saying that it's expiring One June 30, 2009. what does that mean?
When should i have to renew my AP?
How long does it going to take?
Can i do it by myself as my lawyer is charing $1000 every time i'm using her (she charged me legal fee $1000 for my EAD renewal)?
When i apply for the Ap renewal does it have anythign to do with the AP stamping saying expires: june 30, 2009?
Your answer is always appreciated
Thanks Ahead
EB3...ROW
PD May 2006
Yes you can file for AP your self, its as easy as filling out the form.
The stamps having nothing to do with the renewal.
My AP is expiring in Feb 25, 2009. I have some question regarding the renewal of my AP. When I came back this time afterthe vacation, at the airport they stamp my ap saying that it's expiring One June 30, 2009. what does that mean?
When should i have to renew my AP?
How long does it going to take?
Can i do it by myself as my lawyer is charing $1000 every time i'm using her (she charged me legal fee $1000 for my EAD renewal)?
When i apply for the Ap renewal does it have anythign to do with the AP stamping saying expires: june 30, 2009?
Your answer is always appreciated
Thanks Ahead
EB3...ROW
PD May 2006
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gccovet
06-19 12:38 PM
I am on my 7th year H1B. I got a 3yr extension from my current employer based on approved I140. I have the I140 receipt number but do not have a copy of 140 (my employer refuses to give it).
I also do not have the LCA for Perm filing.
My 485 has been filed more than 6 months ago.
I do have the new I797 (till 2010) for my H1B extension from my current company.
1. Is it possible for a new company to do my H1B transfer without a copy of I140 ?
2. Is I140 required to do EAD extension ?
3. What are the consequences of not having an actual I140 copy with new employer in future.?
If 180 days have passed after I-140 approval, then there is nothing to worry about not having a copy of I-140.
GCCovet
I also do not have the LCA for Perm filing.
My 485 has been filed more than 6 months ago.
I do have the new I797 (till 2010) for my H1B extension from my current company.
1. Is it possible for a new company to do my H1B transfer without a copy of I140 ?
2. Is I140 required to do EAD extension ?
3. What are the consequences of not having an actual I140 copy with new employer in future.?
If 180 days have passed after I-140 approval, then there is nothing to worry about not having a copy of I-140.
GCCovet
more...
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masterfender
04-28 03:18 PM
Received the RFE today. It was asking for my birth certificate copy & translation. My lawyer says this is very common. For me this is stupid, they already got my birth certificate copy and the translation.
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sukhyani
01-27 11:43 PM
These are minor things, although annoying, but I wouldn't worry about them. I guess it's just your GC interview. The good thing is that they are processing your case. I would suggest taking your lawyer with you. When is your interview? Just curious what is the time frame. Good luck.
Thanks
Interview is scheduled during the first week of March.
Thanks
Interview is scheduled during the first week of March.
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Saralayar
09-02 10:50 AM
I'm just curious as there has been approvals contrary to the bulletins in the years before. Please don't flame me as i'm just looking for any signs of hope around the corner for the EB3 folks.
Yes lot of EB3 approvals for many in their SWEET DREAMS.. yesterday night...:)
Yes lot of EB3 approvals for many in their SWEET DREAMS.. yesterday night...:)
gapala
02-04 04:56 PM
This sounds like volunteering opportunity to me. May be other senior members on the forum will also throw some light on this scenario.
As far as I know, you can volunteer in any area as long as you do not get paid for those services.
As far as I know, you can volunteer in any area as long as you do not get paid for those services.
logiclife
01-05 01:42 PM
In addition to that, there is a 90% chance that there will be an inquiry from USCIS when change of status petition (B1/B2 to H1) is filed, mostly asking the routine questions and the query would have to be replied by a good attorney in a proper manner.
That would cost your friend here some money as replying the USCIS inquiries is pretty routine but its not free and lawyers would charge you $$ for that. If you are doing this thru a small company, the company might charge you / your friend here for reply to the USCIS query. It would be a minimum of $1000 to respond to such inquiries by an average attorney.
Its better to go to India, get a fresh H1 approval (I-797) for yourself, get the visa stamp of H1 on your passport in India and then come here. You wont be able to start working until Oct 1 anyways.
Also, please dont open 2 threads for the same question. I am going to delete the other thread.
That would cost your friend here some money as replying the USCIS inquiries is pretty routine but its not free and lawyers would charge you $$ for that. If you are doing this thru a small company, the company might charge you / your friend here for reply to the USCIS query. It would be a minimum of $1000 to respond to such inquiries by an average attorney.
Its better to go to India, get a fresh H1 approval (I-797) for yourself, get the visa stamp of H1 on your passport in India and then come here. You wont be able to start working until Oct 1 anyways.
Also, please dont open 2 threads for the same question. I am going to delete the other thread.
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