H-3 Visa – Trainees

The H-3 nonimmigrant visa classification is intended for trainees — those individuals who have been invited to the United States by an individual or organization to receive training in any field including, but not limited to:

• Commerce
• Communications
• Finance
• Government
• Transportation
• Agriculture
• The professions

Eligibility for the H-3 visa classification is not available for persons who will engage in graduate education or training. Programs for graduate education or training are required to utilize the F-1 and J-1 classifications, respectively.

The H-3 classification is not intended for employment within the United States. Instead, the H-3 visa classification is meant to allow U.S. employers to provide job-related training that the H-3 trainee will apply for while working outside the United States.

Eligibility Criteria

In order to obtain H-3 classification, a U.S. employer or organization must provide:

• A detailed description of the structured training program that the H-3 trainee will pursue. The description should indicate the number of hours per week of classroom training and the number of hours per week that require “on-the-job” training;
• A summary of the H-3 trainee’s prior training and experience; An explanation of why the training is needed;
• An explanation of why the training cannot be completed in the H-3 trainee’s home country;
• An explanation of how the training will benefit the H-3 trainee in pursuing a career in the home country; An explanation of how the employer or organization will pay for the cost of providing training without actually employing the H-3 trainee.

In order to obtain an H-3 classification, a United States employer or organization must file an H-3 petition with USCIS. Once the petition is approved, the H-3 trainee may apply for a visa at a U.S. Embassy or Consulate in his/her country of residence.

Period of Stay

If the H-3 petition is approved, the trainee is permitted to enter and remain in the United States for up to 2 years.

Family Members of H-3 Visa Holders

The H-3 trainee’s spouse and children who are under the age of 21 may accompany him/her, however, they will not be permitted to work in the United States.

Contact Our Firm for Help With Your H-3 Visa

If you’re seeking an H-3 visa, please don’t hesitate to contact the skilled Fairfax County, Virginia immigration lawyers here at Goel & Anderson today. We stand ready to effectively represent you and your interests, every step of the way.