H-3 Visa Trainees
The H-3 classification applies to aliens (beneficiaries) coming temporarily to the U.S. to participate in a training program. There are general H-3’s, and those coming for special education training. There is currently no annual cap on H-3 admissions to the U.S. This includes agriculture, technology, communications and governmental leadership, but does not include people seeking graduate medical training. Nurses and medical students on vacation, however, may be eligible for the H-3 Visa.
The petitioning employer or sponsors must demonstrate that the:
- Proposed training is not available in the beneficiary’s home country
- 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
- Beneficiary will not be productively employed except as incidental to training
- Training will benefit beneficiary in pursuing a career outside the U.S.
Dependents
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 may not be employed under the H-4 status.
Including more than one alien in a petition
Aliens who will apply for their visas at the same consulate or, if they do not need visas, will enter at the same port of entry may be included in one petition if
- the dates of training are the same, and
- they will perform the same duties.
H-3 Visa Training
The H-3 category applies to an alien coming temporarily to receive training from an employer in any field other than graduate education or training.
Petition Document Requirements
The petition should be filed by the U.S. employer with:
- A detailed description of the training program, including the number of classroom hours per week and the number of hours of on-the-job training per week;
- A summary of the prior training and experience of each alien in the petition; and
- An explanation of why the training is required, whether similar training is available in the alien's country, how the training will benefit the alien in pursuing a career abroad, what benefits the employer will derive from the training, and why the employer will incur the cost of providing the training without significant productive labor from the trainee(s).
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