The H-3 visa is designated for individuals who will come to the US to participate in a training program with the organization or an individual. There is no numerical limit to the number of H-3 visas issued. In order to qualify the H-3 visa, the petitioner shall provide the following evidence:
- the proposed training is not available in the beneficiary’s home country;
- the beneficiary will not be placed in a position which is in the normal operation of the business, and in which citizens and resident alien workers are regularly employed;
- the beneficiary will not be productively employed except as incidental to training
- the training will benefit the beneficiary in pursuing a career outside the US.
The H-3 visa has a 2 year limit. The H-3 visa holder cannot change their status to H-1B. Spouses and children of H-3 visa holders may enter and remain in the US in H-4 status. H-4 visa holders may attend school in the US but cannot accept employment.
For whom is a H-3 Visa appropriate?
Foreign nationals to receive training which is not available in their country.
What are the requirements for obtaining an H-3 Visa?
The H-3 trainee is a nonimmigrant who seeks to enter the United States at the invitation of an organization or individual for the purpose of receiving training in any field of endeavor, such as agriculture, commerce, communications, finance, government, transportation, or the professions, as well as training in a purely industrial establishment. This category shall not apply to physicians, who are statutorily ineligible to use H-3 classification in order to receive any type of graduate medical education or training.
- Detailed statement from the U.S. employer describing the training program.
- Documents proving previous, relevant experiences.
- Diplomas showing the completion of any necessary education.
- Letters from companies in the home country or from the government stating that similar training is unavailable in the home country.
- Proof of opportunities to use the training at home: Letter from a foreign employer explaining how the training will further your career in the home country, or letter from the home country’s labor department describing job opportunities for persons with the type of training you will receive in the U.S.
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