H-3 Trainee Visa
The H-3 Visa is a nonimmigrant visa issued to individuals who are coming to the U.S. temporarily to participate in a training program either as a:
- Trainee to receive training in a U.S. company, in any field of endeavor, other than graduate medical education or training, that is not available in the foreign national’s home country.
- Special Education Exchange Visitor to participate in a special education exchange visitor training program that provides practical training and experience in educating children with physical, mental, or emotional disabilities.
H-3 Visa is not intended for U.S. employment. It is designed to equip the foreign national with job-related training for employment that will ultimately be performed in his/her home country.
In order to qualify for the H-3 Non immigrant Visa, the petitioner or sponsor must demonstrate that the:
- Beneficiary is not receiving graduate medical education or training in the U.S.
- Proposed training program is unique and is not available elsewhere, more specifically, in the beneficiary’s home country
- Beneficiary will not be placed in a position that is considered part of the normal operation of the business, and in which U.S. citizens and resident alien workers are regularly employed
- Beneficiary will not be productively employed unless it is incidental to training
- Training will benefit the advancement of the beneficiary’s career outside the U.S.
Authorized Period of Stay under the H-3 Nonimmigrant Status
The H-3 trainee may be allowed to stay in the United States for up to 2 years, while the special education exchange visitor may remain in the United States for up to 18 months. There is no option to extend one’s stay under the H-3 status. Upon conclusion of the training program, the H-3 trainee must leave the United States and return to his or her home country where the beneficiary will apply the knowledge and skills gained from the training program.
The spouse and unmarried minor children of the H-3 trainee may be granted the H-4 status, but with the same restrictions as the H-3 beneficiary. Furthermore, the H-4 dependent status does not authorize employment in the U.S.
**Please call our office for immediate assistance on your visa requirements.