H-3 Visa – Temporary Trainee

What is H3 visa?

The USCIS H-3 visa category applies to an alien coming temporarily to receive training from an employer in any field other than graduate education or training, such as:

Foreign nationals to receive training which is not available in their country

Foreign nationals as special exchange visitors to receive training in educating children with physical, mental or emotional disabilities.

Multinational companies to send their foreign employees to the U.S. for on-the-job training. This may be utilized as an option to the L-1 visa.

The H-3 visa is also sometimes considered as an option to the H-1B Visa, although it is important to note reiterate that the purpose of the H-3 visa is to receive training.

What types of training are permissible under the H-3 category?

Generally, H-3 training can occur in “any field of endeavor” including agriculture, commerce, communications, finance, government, transportation, as well as purely industrial areas.

Specifically excluded from the H-3 category is graduate medical training, however, in some cases nurses may receive training in the U.S. in H-3 status, as well as foreign medical students on school vacation can participate in externships at US hospitals.

The H-3 nonimmigrant visa category is designed to allow foreign nationals to come to the U.S. to receive training in many different activities.

Unlike the H-1B category, the H-3 is not a dual-intent visa, so the beneficiary cannot be pursuing avenues toward permanent residency.

The regulations allow for training in “any field of endeavor.” The regulations give examples of agriculture, commerce, communications, finance, government, transportation, the professions, as well as purely industrial areas.

The only sort of training that is specifically excluded is graduate medical training.

Nurses may, in some circumstances, receive training in the U.S. in H-3 status, and foreign medical students on school vacation can participate in externships at U.S. hospitals.

While the category initially appears very appealing, it is subject to many detailed requirements and limitations that render it less useful. Only 3,000 H-3 visas are issued each year.

The category underwent many substantive changes in 1990, when the following requirements were imposed on training programs:

The training must not be available in the alien’s home country

The alien must not be placed in a position which is part of the normal operation of business which would ordinarily be filled by a U.S. worker

The alien must not be productively employed unless such employment is “incidental and necessary” to the training

The training must benefit the alien in pursuit of employment outside the US

How do I qualify for H3 visa?

To qualify for H-3 visa, you must be coming to the U.S. to receive training in areas such as commerce, agriculture, government, professions, finance, agriculture, or in an industrial establishment.

You must prove that:

You are not receiving graduate medical education or training in the U.S.

You do not have the opportunity to receive similar training in your home country

You need this training to advance your career outside the U.S.

You will not be productively employed unless it is necessary to the training

The training offered does not employ U.S. citizen and resident workers

What are the limitations of H3 work visa?

The training program must be provided by the U.S. company which petitions for the foreign national

Physicians are ineligible for the H-3 classification to receive any type of medical training or education

If the H-3 visa holder remains in the U.S. for the maximum period of time, (s)he may not seek a change of status, extension, or readmission to the U.S. in H or L status until (s)he has resided outside of the U.S. for a period of six months

Dependents of H-3 visa holders may not work in the U.S.

Can I extend my stay on H-3 visa?

No, you may not apply for extension of stay on H-3 visa.

Upon the completion of the period of stay you are supposed to leave the U.S. as there is no extension facility for this visa.

Can I study or work on H-3 visa?

Yes, you may take a few credits at a university which might support your training program.

However, you may not join a full length course like an F-1 visa holder.

Your employment should be limited to minimum hours and should be in the field of the training program.

Can I bring my dependents on H-3 visa?

Yes, your spouse and unmarried children may accompany you on H-4 visa and they may stay as long as you are on valid H-3 status.

Can my dependents study on H-4 visa?

Yes, your dependents may study on the H-4 visa.

They do not have to apply for separate F-1 student visa.

H-3 Visa Attorney Fee: $695

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