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Am I eligible for H3 visa? Urgent :(

Northbrook, IL |

I am currently in US as an Intern (J1 visa) in private country club. My J1 visa are going to expire really soon (02/19/2013) and I would like to know if I have some chance to get H3 training visa. I was planning to apply for H1B visa, but I heard that is really difficult for small company. I got offer from another private country club, but I need to find out, if I could apply for these H3 training visa, even that I have internship in similar field. I would like to know whats my chance to get these kind of visa (I would like to get more experience, because my Internship wasn't sufficient :( Please advice.

Attorney Answers 3

  1. This will be difficult to obtain as the J-1 you just had was likely also a training program. You will need to show training received was not sufficient and training necessary for futre plans back in your home country, country club has a regular training program and not one being set up just so they can employ you.

    We can evaluate for you if you wish to set up a consultation.

    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration and Nationality Law
    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108
    phone: (619) 299-9600, facsimile: (619) 923-3277

    Formerly Adjunct Professor -- Immigration law
    University of Illinois College of Law

  2. It might be difficult to qualify based on the limited facts above, but can you ask your J-1 sponsor to issue a new form for another J-1 internship?

    This answer is not to be construed as legal advice. For a free telephone consultation, contact us now at: (512) 215-5235 Austin, (214) 377-4822 Dallas, (713) 242-1783 Houston, (210) 957-8845 San Antonio Please dial extension 500

  3. I agree with my colleague and add that an H-3 requires that the petitioning company have a formal training program.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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