What is an H3 Visa?

An H-3 visa is for those individuals who have been invited to participate in a training program in the United States.  The training may be made available by a company who has a branch in the US or by an unrelated US company altogether who will be willing to train you.  The key point of the H3 visa is that the training is unavailable to you in your home country so that is the reason you are coming to the US.  One of the great benefits to apply for a H3 visa is that the number of applicants who can be admitted is unlimited.

Most H-3 visa applicants who are approved are mostly medical interns or residents who are in medical school in their home country and medical nurses who need training in the US.

Key Points of the H3 Visa

1. You can participate in a training program in the US offered by a US company and work legally in the US for that company that is training you so long as the work is incidental to the training.
2. You can only work for the employer that sponsored your for your H3 visa.
3. You can stay in the US for as long as your training program lasts, but the normal maximum is 2 years.
4. You can freely travel in and out of the US while your H-3 visa is valid.
5. Your spouse and children may accompany you to the US and stay with you in the US but they are not permitted to work.

H3 Visa Eligibility Requirements:

In general, you qualify for a H-3 visa if your purpose of coming to the US is for job-training that will be provided by a US company and your intent is to return to your home country.

A common situation in which a H3 visa is applicable is when a multinational company with branches in many countries trains their employees in the US to go back to their home country to work for the company.  Another common situation a H3 visa is applicable is when a US company wishes to establish a better business relationship with a foreign company and brings in some of the foreign companies employees to teach them more about the US business.

The following are a list of the requirements to be eligible for a H3 Visa

1. Invited to a Training Program in the US: In order to be eligible for a H-3 trainee visa you will need to have been invited by a US company or US government agency to participate in a formal training program.  This program must improve your career back in your home country and can be in virtually any field that is relevant to your employment.
2. Similar Training Program is Unavailable in Your Home Country: This means that while a similar training program could exist in your home country currently no similar training program exists that you have access to.
3. You Possess the Correct Background for the Training: You must show that you have the requisite background to participate in the training program.  For example, if the training program were related to chemical engineering you would want to show that you possess a background in chemical engineering.
4. Employment is Incidental to Your Training: Although you are permitted to work with an H-3 visa, this work can only be incidental to your training.  This means that the work you are doing must be vital to the training you are receiving.
5. Intent to Return to Your Home Country: In order to be qualify for a H3 trainee visa you have to show that your intent is to be trained and then to return to your home country.  This means that you must show you are leaving behind something as incentive to return to your home country i.e. family, employment, property, etc.

Can You Bring Your Family with You in a H-3 Visa?

You may bring your spouse and your kids under the age of 21 with you when you receive your H3 visa.  Your family will need to apply for an H-4 visa to stay with the you in the US.  Your family will not be permitted to work in the US on a H4 visa.  Contact our immigration attorneys in order to coordinate how to get you a H-3 visa and your family H4 visas.
H-3 Visa Application Process in 3 Steps

1. The US Company that will train you will file a visa petition USCIS Form I-129 with USCIS.  In the petition the employer will need to show the following.  (a) that you have been offerred a formal training position by the US company or US government (b) you have the correct background to participate in the training (c) you have no access to similar training in your home country (d) the training will further your career in your home country.  After a few weeks from mailing the petition to USCIS, your employer should receive a confirmation that their application was processed.
2. You Apply for Your H3 Visa: After your H3 visa petition has been filed and approved by your employer, the USCIS will send a form to you that you can apply for a visa at a US consulate in your country.
3. Enter the US with your H-3 Visa.  You will receive an I-94 card from the border officer when you enter into the US with your H-3 visa.

If you are an employer who would like to train foreignors in the US or you are a foreignor who wishes to enter the US for formal training, then please give our immigration law firm a call or email so that we can guide you through this process.  We will save you valuable time and money by completing the process in the fastest and most efficient way possible for you.