DESCRIPTION:
The H-3 visa is a nonimmigrant visa which allows foreign nationals to enter the U.S. to receive training in a U.S. company or organization. However, the foreign national may not travel to the U.S. for a graduate program or medical training, and the training cannot be available in the trainee’s home country. The H-3 nonimmigrant visa category allows foreign nationals to travel temporarily to the United States as either a:
Trainee to receive training in any field of endeavor, other than graduate medical education or training, that is not available in the foreign national’s home country; or
Special Education Exchange Visitor to participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
NOTE: No more than fifty H-3 visas may be approved in a fiscal year under the Special Education Exchange Visitor category.
The type of training programs that successfully lead to H-3 visas usually exist in one of two situations:
A multinational company with branches in various countries wishes to train employees in the mother country in the U.S. for a higher position before sending them to work elsewhere; or
A U.S. company plans to open a branch in a foreign country and they need to train the individual to be the first employee there.
The H-3 visa is a single intent visa, and therefore is not protected under the Dual Intent Doctrine. The concept of “dual intent” allows H-1B and L professionals to enter the U.S. while simultaneously seeking lawful permanent resident status (green card status). The H-3 visa applicant, however, has to demonstrate that s/he does not intend to immigrate to the United States. Therefore, H-3 beneficiaries may not pursue permanent residence in the United States while in H-3 status.
Spouses and Children:
The spouse and minor children of an H-3 employee are authorized to live in the United States in H-4 status. They may accompany or join the principal visa holder in the United States for the duration of his/her stay. Accompanying spouses and children are entitled to study in the United States, but are not permitted to work.
REQUIREMENTS for H-3 visa:
Aside from the stringent program requirements concerning the training program and professional staff, the basic requirements for the H-3 visa are that the foreign national does not have the opportunity to receive similar training in his/her home country; and needs this training to advance his/her career outside the U.S. The H-3 visa holder cannot be productively employed during the program, unless necessary for the training.
TRAINEES category:
To qualify for an H-3 visa, the “trainee” must be invited by an individual or organization for the purpose of receiving training, in any field including, but not limited to:
Agriculture
Commerce
Communications
Finance
Government
Transportation
Other Professions
Trainee (visa applicant) requirements:
The H-3 visa applicant must possess the necessary background and experience to successfully complete the U.S. training program;
The H-3 visa applicant may be required to meet certain health and character requirements.
Training Program (sponsor) requirements:
The training must be formally structured and directly related to the applicant’s career, which they must intend to pursue outside of the U.S.;
The training will benefit the beneficiary in pursuing a career outside the U.S.
The proposed training is not available in the foreign national’s native country;
The foreign national will not be placed in a position which is in the normal operation of the business and in which U.S. citizens and resident workers are regularly employed; and
The foreign national will not engage in productive employment unless such employment is incidental and necessary to the training.
Each H-3 petition for a trainee must include a statement that:
Describes the type of training and supervision to be given, and the structure of the training program;
Sets the proportion of time that will be devoted to productive employment;
Shows the number of hours that will be spent, respectively, in classroom instruction and in on –the-job training;
Describes the career abroad for which the training will prepare the foreign national;
Indicates the reasons why such training cannot be obtained in the foreign national’s country and why it is necessary for the foreign national to be trained in the United States; and
Indicates the source of any remuneration received by the trainee and any benefit which will accrue to the employer/organization for providing the training.
A training program may not be approved which:
Deals in generalities with no fixed schedule, objectives or means of evaluation;
Is incompatible with the nature of the petitioner’s business or enterprise;
Is on behalf of a foreign national who already possess substantial training and expertise in the proposed field of training;
Is in a field in which it is unlikely that the knowledge or skill will be used outside the United States;
Will result in productive employment beyond that which is incidental and necessary to the training;
Is designed to recruit and train foreign nationals for the ultimate staffing of domestic operations in the United States;
Does not establish that the petitioner has the physical plant and sufficiently trained manpower to provide the training specified; or
Is designed to extend the total allowable period of practical training previously authorized a nonimmigrant student.
SPECIAL EDUCATION EXCHANGE VISITOR category:
To qualify for an H-3 visa, the “special education exchange visitor” must be traveling to the U.S. to participate in a special education program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
Special Education Exchange Visitor (visa applicant) requirements:
The H-3 visa applicant must be nearing the completion of a baccalaureate or higher degree program in special education; or
The H-3 visa applicant must have already earned a baccalaureate or higher degree in special education; or
The H-3 visa applicant must have extensive prior training and experience teaching children with physical, mental or emotional disabilities.
Training Program (sponsor) evidentiary requirements:
The training facility must have professionally trained staff;
The training must be structured for providing education to children with disabilities, and for providing training and hands-on experience to participants in the special education exchange visitor program.
Each H-3 petition for a special education exchange visitor must include a description of:
The training the foreign national will receive;
The facility’s professional staff; and
The foreign national’s participation in the training program (any custodial care of children by the special education exchange visitor must be incidental to training).
PROCESSING:
The sponsoring U.S. employer or organization is responsible for filing Form I-129, Petition for Non-immigrant Worker;
The H-3 visa applicant is responsible for scheduling an interview at the U.S. Embassy or Consulate where they live and submitting all preliminary paperwork and paperwork and fees (non-immigrant visa application (MRV) fee, and reciprocity fees where applicable);
The processing time for H-3 petition is about four to six weeks, and it takes two to four months to process the H-3 visa application.
Getting an H-3 trainee visa from abroad is a 4-step process:
File Form I-129, Petition for Non-immigrant Worker: Once a foreign national is offered a training position, the sponsoring U.S. employer or organization must file Form I-129, Petition for Non-immigrant Worker, with the USCIS Regional Service Center that has jurisdiction over the place where the training will be offered.
Within a few weeks after mailing in the petition, the petitioner will receive a written confirmation that the application is being processed, as well as a receipt for the fee. USCIS will assign the petition a 13-digit receipt number, which the petitioner can use to track the case status.
Form I-797, Notice of Action will be sent to the petitioner, showing the petition was approved. If the foreign national plans to submit the visa application at a U.S. Consulate abroad, USCIS will also notify the consulate of the foreign national’s choice and send the Consulate a complete copy of the file.
Complete the online nonimmigrant visa application, Form DS-160: After the H-3 Petition is approved, the H-3 visa applicant should file the Form DS-160, Application for Nonimmigrant Visa, with a nearby U.S. Consulate.
Submit the DS-160 electronically (via the Internet) to the Department of State, and print out the application form confirmation page to bring to your interview. The online DS-160 can be accessed at the Consular Electronic Application Center website.
Upload a digital photograph while completing the online Form DS-160. Please refer to photograph requirements for detailed guidance.
Pay the non-refundable non-immigrant visa application (MRV) fee of US$190.
Schedule a Consular Interview: The next step is to schedule an interview with the U.S. Embassy or Consulate in the country where applicant lives.
Wait times for interview appointments vary by location and season, which can be anywhere from a few days to 2 weeks;
USCIS will also notify the U.S. Consulate of the applicant’s choice and send the Consulate a complete copy of the file;
The Consular Interview: After the visa petition is approved, the foreign national has to submit his/her application for an H-3 Trainee visa to the U.S. Embassy or Consulate. The applicant must bring the following documents to the H-3 visa interview:
Form I-797, Notice of Approval:
Applicant should bring a copy of the I-797, Notice of Approval, if possible;
Valid Passport:
Passport must be valid for travel to the United States with minimum validity of six months beyond the intended period of stay in the United States;
Marriage Certificate:
Must present if married and traveling to the U.S. with spouse;
Birth Certificate(s):
Long form birth certificate for the applicant and each accompanying relative;
Non-immigrant Intent:
The H-3 visa applicant must submit proof of employment on return to their home country or other foreign destination upon completion of the training program;
Visa Application:
Applicant must have already submitted an online electronic application form, DS-160, Non-Immigrant Visa Electronic Application; and
The applicant must bring print out the confirmation page containing the bar code and bring this page to the visa interview. It is no longer necessary to provide a printed application form to the Consular Officer during the visa interview;
Non-immigrant Visa Application Fee (MRV) Receipt:
The applicant must pay the application fee and bring receipt to the interview.
NOTE: A Reciprocity Fee may apply, depending on the applicant’s country of citizenship. Check the U.S. State Department’s Reciprocity Fees website for details.
Getting an H-3 trainee visa while in the U.S.:
This applies to foreign nationals who are visiting the U.S. at the time that a U.S. company or organization offers them a training position. In this case, as the applicant has already entered the U.S. on another visa, and it will not necessary to file a new visa application at a U.S. consulate overseas.
NOTE: If the foreign national has an accompanying spouse or children, the sponsoring U.S. company or organization must file a separate Form I-539, Application to Extend or Change Nonimmigrant Status on their behalf. The I-539 must be submitted before the expiration date on the applicant’s Form I-94, Arrival-Departure Record.
File Form I-129, Petition for Non-immigrant Worker: Once a foreign national is offered a training position, the sponsoring U.S. employer or organization must file Form I-129, Petition for Non-immigrant Worker (along with the H supplement) with the USCIS Regional Service Center that has jurisdiction over the place where the training will take place.
Form I-129 must be submitted before the applicant’s I-94 expires;
If the foreign national is traveling with family, it is best if the I-129 and I-539 forms are filed together, so that they may be adjudicated on or about the same time. All the dependents can be filed on one I-539. The filing fee for Form I-539 is $370.00.
Within a few weeks after mailing in the petition, the petitioner will receive a written confirmation that the application is being processed, as well as a receipt for the fee. USCIS will assign the petition a 13-digit receipt number, which the petitioner can use to track the case status.
Form I-797, Notice of Action will be sent to the petitioner, showing the petition was approved.
H-3 Status change: The foreign national will receive only H-3 status, not the H-3 visa. The H-3 visa is the physical stamp that’s placed in the passport, and it is what the foreign national will need if s/he ever needs to re-enter the U.S. Visas are never issued in the U.S., they are issued exclusively by U.S. Consulates in other countries. The H-3 visa status entitles the holder to remain in the U.S. with H-3 privileges until the H-3 status expires.
Spouses and Children:
The spouse and minor children of an H-3 employee are authorized to live in the United States in H-4 status;
The spouse and children are permitted to study in the U.S. while on H-4 status without having to apply for an F-1 visa.
The spouse and children are not permitted to work while on H-4 status.
The H-3 visa holder and family can travel in and out of the U.S. or remain in the U.S. continuously while the H-3 status is valid.
If the H-3 visa holder applies for a change of status for a job, the employer will need to file Form I-539, Application to Extend or Change Nonimmigrant Status, for the spouse and/or children.
Restrictions:
The H-3 visa cannot be used to for a graduate program or medical training;
The H-3 trainee must “not engage in productive employment, unless such employment is incidental and necessary to the training;”
If the H-3 visa holder remains in the U.S. for the maximum period of 2 years, s/he may not seek an extension, change of status, or readmission to the U.S. in H or L status until having been outside the U.S. for six months;
H-3 visa holder’s family members may not be employed in the U.S.; and
Only 50 foreign nationals per year may enter into the U.S. in the Special Exchange Visitor category.
Issues of Intent:
Unlike H-1B and L visas, H-3 visas are considered single intent, not dual intent visas;
In order to be issued an H-3 visa/status, the applicant bears the burden of proving that s/he has non-immigrant intent by showing that s/he:
(1) has a residence abroad;
(2) has no immediate intention of abandoning that residence;
(3) intends to depart the U.S. upon the termination of the visa; and
(4) will have a job waiting upon returning to his/her home country.
Program Qualification:
Unfortunately, very few training programs meet USCIS’s strict qualifications. Many people find it cheaper and easier to apply for a B-1 business visitor visa, especially if the training program lasts for less than six months (the maximum stay on a B-1 visa).
There is no premium processing for H-3 visas.
Duration:
Although the H-3 visa is valid for a maximum of 2 years (trainee) or 18 months (special education worker), admission as an H-3 nonimmigrant is generally authorized for 1 year (Form I-94). The validity of an H-3 visa (the sticker in the passport) refers to the time in which an applicant may apply to enter the U.S. at a port of entry for admittance into the U.S. The 2-year or 18-month H-3 visa sticker in the passport has no bearing on the length of time for which the alien may be admitted.
Upon completion of the period of stay the H-3 visa holder is supposed to leave the U.S. as extensions for this visa are not granted.
Read more about H-3 status and Visatopia’s H-3 services:
H-3 Visa Frequently Asked Questions