H-3 Visa

For foreign nationals who want to enter the U.S. to receive specialized training from a U.S.-based company or institution, where such training is not available in their home country. It is primarily for individuals who will use the training to further their career outside of the U.S.

Eligibility Requirements:

The petitioning company must demonstrate the following to obtain an H-3 visa:

• Training Unavailable Abroad:The training must not be available in the applicant’s home country.
• Non-Productive Employment:The trainee cannot be employed in a regular position within the company. Any employment must be incidental to the training and necessary to complete the program.
• Benefit Abroad:The training must directly benefit the trainee in a career outside of the U.S.

Training Program Requirements:

The petitioning company must provide detailed information about the training program, including:

• Program Description: A clear description of the type of training, supervision, and structure.
• Time Allocation:The amount of time spent on classroom instruction versus on-the-job training.
• Training Purpose:A detailed explanation of how the training will prepare the trainee for their career outside of the U.S.
• Justification:The reasons why the training is necessary in the U.S. and cannot be obtained in the trainee’s home country.
• Compensation and Benefits: Information on how the trainee will be remunerated and how the training benefits the U.S. company.

Restrictions:

The H-3 petition will not be approved if the training program:

• Lacks specific objectives, evaluation methods, or a fixed schedule.
• Is unrelated to the petitioning company’s business.
• Involves someone with substantial prior training or expertise in the field.
• Includes productive employment that is not incidental to the training.
• Appears to be designed for staffing the company’s U.S. operations.
• Does not prove that the company has adequate facilities or qualified personnel to offer the training.
• Is intended to extend practical training already received in the U.S. by a nonimmigrant student.

Visa Details:

• Duration:The H-3 visa is issued for the duration of the training program, up to two years.
• No Annual Cap:There is no annual limit on the number of H-3 visas issued.
• Dependents: Spouses and children of H-3 visa holders can apply for H-4 Dependent visas, but H-4 holders cannot work.
• No Extensions:An H-3 visa holder cannot extend their stay beyond two years and cannot change to another nonimmigrant status easily.
• Non-Dual Intent: The visa is not dual-intent, meaning the trainee must maintain a foreign residence and intend to return after the training.