The H-3 visa classification allows foreign nationals who have been invited by a U.S company or the U.S branch of a foreign company to participate in a training program designed to further their careers in their home country. H-3 visas are also available to eligible special education exchange visitors to participate in training programs that provide practical training and experience in the education of children with physical, mental, or emotional disabilities.
The training can be in any field including, but not limited to, agriculture, commerce, communications, finance, government, transportation, and other professions.
In order to obtain H-3 classification for a prospective foreign trainee, a U.S. employer or organization must demonstrate that:
- The proposed training is not available in the foreign national’s native country;
- The foreign national will not be placed in a position which is in the normal operation of the business and in which U.S. citizens and resident workers are regularly employed;
- The foreign national will not engage in productive employment unless such employment is incidental and necessary to the training; and
- The training will benefit the beneficiary in pursuing a career outside the United States.
A H-3 visa petition must include a statement that:
- Describes the type of training and supervision to be given and the structure of the training program;
- Sets the proportion of time that will be devoted to productive employment;
- Shows the number of hours that will be spent, respectively, in classroom instruction and in on –the-job training;
- Describes the career abroad for which the training will prepare the foreign national;
- Indicates the reasons why such training cannot be obtained in the foreign national’s country and why it is necessary for the foreign national to be trained in the United States; and
- Indicates the source of any remuneration received by the trainee and any benefit which will accrue to the employer/organization for providing the training.
H-3 visa holders are allowed a period of stay in the U.S. for up to two years. Special education exchange visitor are permitted a stay in the U.S. of up to eighteen months.
Immediate family members (spouses and unmarried children under 21 years of age) of H-3 principal trainees are entitled to H-4 status but may not be employed under the H-4 status.
Contact a Skilled Business Immigration Lawyer for More Information*
Gold Law Group assists clients with a wide variety of business-related immigration matters including E-1 visas. If you are a foreign national interested in obtaining an H-3 visa or if you are a U.S employer wishing to file a petition on behalf of a prospective foreign trainee, visa please call 323.394.1281 or contact us online to schedule a consultation.
*Please read important legal notice below