H3 Trainee Visa
The H-3 Visa is specifically designed to allow you to train in the U.S. in almost any discipline. USCIS loosely calls this classification “activity in any field.” This includes agriculture, technology, communication, and government leadership. This classification does not include persons seeking graduate medical training. Your spouse and unmarried children under the age of 21 are allowed to accompany you in the U.S. under H-4. These family members are not permitted to work while in the U.S.
Eligibility criteria for H-3 Trainee Visa:
The sponsoring employer must demonstrate that:
- The suggested training is not offered in the beneficiary's country.
- The beneficiary's position will not be one of the normal operations of the company and that citizens and resident aliens are regularly employed.
- The beneficiary will be employed, specifically for training only.
- The beneficiary will benefit from pursuing a career outside the U.S.
The H-3 classification is not eligible for graduate education, including medical training, except under certain circumstances. Sponsoring employers may not use the H-3 visa for training programs specifically for the benefit of U.S. companies and where U.S. workers would be employed, except for training services.
Duration of stay:
Foreign nationals receiving training under the H-3 visa are permitted to remain in the U.S. for a maximum period of two years. In general, the visa is granted for the duration of the training program. If the foreign national receives training in the country for a total of two years, he/she must leave the U.S. for six months in order to obtain a new H visa.
Dependent Benefits
Spouses and unmarried children under the age of 21 who are with here under an H-3 visa qualify for H-4 status under the same limitations as the H-3 trainee principal. H-4 visa holders may not authorize employment of dependents.
Necessary Documents
The U.S. employer filing the H-3 petition must have the following documentation:
- Detailed description of the specific training program, including the number of class hours and the number of hours of training work per week.
- Summary of previous training/experience of each foreign national listed in the petition.
- Detailed explanation of why the training is necessary (if similar training is available in the foreign national's country), how the training will benefit the foreign national in pursuing a career abroad, the benefits the employer would receive from the training, and why the employer is willing to cover the cost of the training, even knowing that the foreign national cannot be used for productive work.
