Alien Trainees (H-3 Visas)

What is an H-3 Visa?

The H-3 visa is a nonimmigrant visa which allows foreign nationals (alien/beneficiary) to enter the U.S. temporarily to train in "any field of endeavor". This visa, however, is limited to training programs that meet certain required guidelines (see eligibility requirements for H-3 Visa for more details).

Eligibility Requirements for H-3 Visa?

1. Beneficiary is temporarily entering the U.S. to receive training; and
2. Beneficiary will return to a foreign residence upon the completion of his/her training.

In addition, the training program must meet the following requirements/restrictions:

• The training program is not a graduate program or medical training.
• The training program is not available in the beneficiary's home country.
• The training program must have a fixed schedule and correspond to the nature of petitioner's business.
• Training program will not place the beneficiary in a position which is in the normal operation of the business, and in which citizens and resident alien workers are regularly employed.
• Beneficiary will not be productively employed except as incidental to training.
• Training is necessary to advance beneficiary career outside the U.S.
• The training program must not be used for purposes of hiring in the U.S.

What Information/Documents are required?

The petition must be filed by the U.S. employer. The U.S. employer must submit Form I-129, Petition for Nonimmigrant Worker, to the appropriate regional service center along with a letter from the U.S. employer that includes the following information:

• Company profile of the petitioning company
• A detailed description of the training program:
  • Type and purpose of training offered
  • Benefits derived by the petitioner from the training and why the petitioner will incur the costs of providing the training without significant productive labor from the trainee(s)
  • Number of classroom hours per week (minimum of 15% of total training program must be spent in the classroom);
  • Number of hours of on-the-job training per week;
  • Amount of time that will be spent in productive employment;
  • How the training prepares the person for a type of work that is new to the home country;
  • Source of remuneration received by the trainee.

• A summary of the prior training and experience of each alien in the petition; and
• An explanation that the training does not exist in the home country.

The following documents should be filed with the I-129 petition:

• Documents from the Petitioner:
• Formal training materials (e.g., books, training manual, syllabus, planned curriculum)
• Picture of petitioning company's premises
• Documents from the Beneficiary:
• Copy of beneficiary's passport
• Copy of beneficiary's educational documents
• Employment letters from the beneficiary's foreign employer

How Long Is The H-3 Visa Valid?

An H-3 visa holder is admitted to the U.S. for the time period required to complete the training, not to exceed two years.

Is there a cap on the number of H-3 Visas Granted?

There is currently no annual cap on H-3 Visa admissions to the U.S.

Can I bring my dependents with me?

Dependents (spouses and unmarried children under 21 years of age) of H-3 principal trainees are entitled to H-4 status with the same restrictions as the principal. Dependents H-4 status remains valid so long as the beneficiary retains H-3 status. Dependents may not be employed under the H-4 status. However, dependents may study on an H-4 visa without applying for an F-1 student visa.

What are the limitations of H3 work visa?

The limitations of an H3 work visa include the following:

• The training program must be provided by a U.S. Company.
• The H-3 visa petition is sponsored by the petitioning U.S. Company.
• 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

Can I extend my stay on H-3 visa?

No, you may not apply for extension of stay on H-3 visa after 2 years. Therefore, upon the completion of the 2 year period, the beneficiary must leave the U.S. Extensions may be possible only if the original period of stay was less than 2 years.

Can I change status while on H-3 visa?

Yes, you may apply for change of status while on H-3 visa. To change your status to H-1B, L-1 or TN you must have your employer file for Nonimmigrant Worker, at the USCIS Regional Service Center with jurisdiction over your case. Note however that if the beneficiary has spent two years on H-3 visa they cannot change to H-1B or L-1 unless they have stayed outside the country for a period of six months.

What is the processing time for H-3 visa?

The processing time for H-3 petition is normally same as H-1B visa. Normally H-3 will be adjudicated in four months. However if we process the same in premium processing then it will be adjudicated in 15 days.

COMPARISON 0F H-1B, H-3, L-1 and B-1 Visas

Our office has successfully processed more then 25 H-3 visas in the past two years. If you need further information please contact our office for further direction.