An H-3 visa is a nonimmigrant visa that allows foreign nationals to come to the U.S. either as a trainee or a special education exchange visitor. We will specifically address the H-3 as it pertains to trainees in this article. You should always seek out the assistance of a qualified immigration lawyer to ensure that you apply for the appropriate visa for your needs. An immigration attorney can help you apply for a visa or fill out the paperwork for an employer seeking an H-3 trainee.
What kinds of trainees qualify?
In order to be an H-3 trainee, you must have been invited by an individual or organization to receive training in one of the following fields:
- Agriculture
- Communications
- Commerce
- Transportation
- Government
- Finance
- And certain other professions
It is important to understand that this is not an employment visa. You cannot seek employment on an H-3 visa. The visa is for the specific purpose of providing job-related training for work to be performed outside the U.S.
Classification as H-3
To be classified as an H-3, employers or organizations must demonstrate the following:
- The training being proposed is not available in the foreign national's country
- The foreign national will not engage in productive employment unless it is necessary to the training and entirely incidental
- The foreign national will not be placed in a regular employment position that is part of the business's normal operations and in which U.S. citizens are usually employed
- The training will benefit the trainee in their pursuit of a career outside the United States
Organizations must file a petition for H-3 trainees that includes very specific information, including:
- The type of training and supervision to be provided
- The amount of time devoted to productive employment
- The number of hours spent in classroom instruction and in on-the-job training
- Description of the career the training will benefit
- Explanation as to why the training can't be found in the foreign national's country and why he or she must come to the U.S. specifically for the training
The information provided here is not an exhaustive list of all the requirements or information needed. An H-3 visa is complicated and, in order to ensure that it is ultimately approved, It is always a good idea to hire an immigration attorney to go over the paperwork and determine that everything is properly filled out. A qualified immigration lawyer can help you fill out the paperwork, file the paperwork, and ensure that you don't make minor mistakes that can lead to the denial of your petition.
