Trainee Visas: The H-3 Visa Lawyer | H-3 or H3 Immigration Attorneys
The H-3 visa is designed to allow to certain groups of foreign nationals into the United States, such as trainees and Special Education Exchange Visitors.
If a foreign national is entering the United States for on-the-job training provided by a United States company, he or she may be eligible for an H-3 visa. The H-3 visa program is designed specifically for training purposes, not employment. Therefore, although a visa holder may work during the duration of his or her stay under that employer, the employment itself should only play a minor role and training should predominate. The main objective should always be the training provided when the trainee is staying in the United States under an H-3 visa.
The foreign national who has entered the United States as a "trainee" must have been invited by an individual or organization for purposes of receiving training, other than graduate or medical training, including but not limited to the following fields:
It is important to note that it is the employer, not the trainee, who must provide documentation of the program. Specifically, the employer or organization must provide: (1) a detailed description of the training program, (2) a summary of the trainee's experience, (3) an explanation of why training is necessary, (4) an explanation of why the individual cannot be trained in the home country, (5) an explanation of how the training will benefit the trainee on his/her return to their homeland, and (6) an explanation of how the employer or organization will pay for the cost of providing the training without actually employing the trainee.
Alternatively, Special Education Exchange Visitors are allowed to obtain an H-3 visas in order to participate in special education training programs for children with physical, mental, or emotional disabilities. The H-3 application for Special Education Exchange visitors must also be completed by a U.S. employer or organization and must describe the training the foreign visitor will receive and specify where the program will take place. Additionally, the organization should demonstrate that the trainee-beneficiary: (1) is nearing completion of a BA degree in special education, (2) has already earned a BA degree in special education, or (3) has experience teaching children with physical, mental, or emotional disabilities.
Is there an annual cap on the number of H-3 visas?
There is currently no annual cap on H-3 admissions for trainees. However, there is a numerical limitation on the number of H-3 “special education exchange visitors” each fiscal year.
Family of H-3 Visa Holders
An applicant's spouse and children (who are under the age of 21) may accompany them to the United States. However, they will not be permitted to work in the United States.
If you are a foreign national seeking entry to the United States to train for a specific company, please fill out the questionnaire and an experienced immigration lawyer will contact you regarding your particular immigration matter. There is no obligation created by your submission of information. Immigration lawyers and law firms are available at all hours and will contact you to assist with any immigration concerns that you may have.