Last Updated on October 29, 2024
In general, the H visa category allows employers to sponsor specialty workers for temporary assignments in the U.S. If you’re considering the H-3 as an alternative to the H-1B visa, there are some important things to consider.
Let’s take a look the differences between the H-1B and H-3 visas. Remember to speak to your immigration counsel for further insights and to see which option makes the most sense for your organization.
How H-1B and H-3 Visas Differ
The H-3 visa is meant for employees who are coming to the U.S. for training. It also covers sponsored employees who are special education trainees or practitioners. The H-1B visa, meanwhile, is designated for individuals working in a specialty occupation, which is defined as a position requiring at least a bachelor’s degree in a specific or related field (or its equivalent).
Eligibility for H-1B and H-3 Visas
To be eligible for an H-3 visa for training, the training must not be available in the foreign national’s native country. The training must benefit the career of the sponsored person, who will then use that training for their career outside the U.S. The position the H-3 visa employee is expected to fill must also not be easily filled by a U.S. citizen or part of the normal operations of your business. In other words, the activities the H-3 visa-sponsored employee does during the stay period cannot be productive work for the company, unless the training explicitly requires it.
Eligibility for the special education exchange program of the H-3 visa has slightly more strict requirements. A special education exchange visitor must have a degree in special education, intention to pursue further education in the field and previous relevant work experience.
To qualify for the H-1B visa, the proposed position must have at least a bachelor’s degree in a specific or related field (or its equivalent).
In addition, individuals must have completed a bachelor’s degree or equivalent in a field of study related to the position. If the individual obtained the degree overseas, or it is not a four-year bachelor’s degree, an education evaluation must be completed to verify that through education or experience, the individual has the equivalent of a bachelor’s degree. The salary for the position must meet minimum prevailing wage requirements.
An employer must sponsor an individual for either the H-1B or H-3 visa.
Annual caps for H-1B and H-3 Visas
There is an annual cap of 50 visas for special education H-3 training, but there is no yearly cap for visas issued for other categories of H-3 visas. Cap-subject H-1B visas are limited to 85,000 per year – 20,000 for candidates holding a U.S. Master’s degree or more plus 65,000 for all other candidates – but there are other types of H-1B visa petitions, like renewals, that are not subject to the annual cap.
Stay Period for H-1B and H-3 Visas
H-3 visas are valid for up to two years for trainees and 18 months for special education exchange visitors. There are no extensions available for the H-3 visa. Meanwhile, the stay period for the H-1B visa is initially three years but can be extended up to six years.
H-1B and H-3: Are They Both Dual Intent?
No. Only the H-1B visa is dual intent, which means it’s possible to apply for a green card while under H-1B visa status.
The H-3 visa (and the H-1B1 visa, which is available only to citizens of Chile and Singapore) are not dual intent, meaning the visa holder may face travel restrictions if sponsored for a green card. However, the H-3 visa holder may transfer to another dual intent visa, if they want to pursue permanent residency.
Key Benefits of H-1B vs H-3 Visas
The H-3 visa is ideal for contributing to knowledge at an international branch or subsidiary. It helps the visa holder gain valuable training and on-the-job experience that they can bring back to their career abroad.
The H-1B visa is ideal for U.S. companies recruiting high-skilled expats for specialty positions, especially in hard-to-fill STEM roles in science, technology and engineering.
Learn more about U.S. work visas by downloading our ABCs of Immigration guide.
Want to learn more about how Envoy Global can simplify your company’s immigration program? Contact us today
Envoy is pleased to provide you with this information, which was prepared in Corporate Immigration Partners, P.C., a U.S. law firm who provides services through the Envoy Platform (the “U.S. Law Firm”).
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. Envoy is not a law firm, and does not provide legal advice. If you would like guidance on how this information may impact your particular situation and you are a client of the U.S. Law Firm, consult your attorney. If you are not a client of the U.S. Law Firm working with Envoy, consult another qualified professional. This website does not create an attorney-client relationship with the U.S. Law Firm.
