How does the application process work?
The H-3 application process is divided into two steps:
1. Petition to be filed with the appropriate USCIS service center
The company/institution sponsoring or financing the program has to file a petition with the appropriate USCIS service center. This means, the US employer acts as petitioner, the foreign worker/applicant as beneficiary. In addition to form I-129 and the USCIS fees, extensive documentation concerning the training program, the foreign worker/applicant and the US employer has to be submitted.
Premium processing is available for an extra $ 1000. Premium processing means the USCIS will give a preliminary response (not a final decision!) 15 days after receiving the petition.
2. Filing an application with the consulate
Once the USCIS has issued a notice of approval (form I-797), the last step (usually) is to apply for the actual H-3 visa at the appropriate US consulate in the applicants home country.
Please note:
Even with an approval notice issued by the USCIS, the US consulate can still reject the H-3 visa application, e.g. due to formal errors or other concerns. Therefore, it is advisable to prepare this application just as carefully.