H-3 visas are for foreign national employees and contractors of U.S. companies who wish to enter the U.S. to receive job-related training. H-3 visa holder trainees are permitted to come to the United States temporarily for specific training up to 18 months in length. After the training is completed, the trainee will return abroad to apply what they learned in the U.S.
Training for H-3 visa purposes may be in any field other than graduate medical education or training, and which is not available in the foreign national’s home country. The H-3 visa also applies to petitioners applying to the special education exchange visitor program, which provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
Moro Legal, LLC, guides and represents individuals and companies through the visa application process by gathering required evidence, crafting petitions and associated documentation, and preparing applicants for consular interviews. To learn more, schedule an attorney consultation online today or contact our office to begin your journey.
Petitioners applying for the H-3 visa must provide evidence that this training is not available in their home country and that the training will aid the petitioner’s career outside the U.S. The training must be formal in nature. However, there is no degree requirement for H-3 trainees.
H-3 visa holders may only engage in employment that is “incidental and necessary” to the training provided, not in a position in which U.S. citizen and resident workers are regularly employed, and not “in the normal operation of the business.” Otherwise, petitioners must prove that they will not engage in willful employment while in the U.S. and show that they will maintain their residence abroad.
The U.S. company must file the H-3 trainee visa application on behalf of the beneficiary. The application must include a copy of the training program and schedule, including an explanation of why the training must be completed in the United States and how the training will benefit the U.S. company.
The spouse and the unmarried children (under age 21) of an H-3 visa applicant may also apply for admission to the U.S. through an H-4 visa to accompany the trainee. H-4 visa holders are able to study at schools or universities, but not work, in the United States while in this status.
H-3 visas are granted for a period of up to two years. An H-3 visa holder who has remained in the U.S. for the full two year period may not re-enter the U.S. on another H or L visa for a period of six months. However, H-3 visa holders may be able to change their status prior to visa expiration in order to avoid this requirement.
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Moro Legal, LLC, assists individuals and businesses with the H-3 visa process. Contact us today to get started.
Note
The content of this website is for general informational purposes only and is not a replacement for legal advice. Immigration law is a complex area of law that is constantly changing and this website cannot cover every facet of the law. Every case is different, and all individuals and businesses should consult with an immigration lawyer prior to filing any petition or application.