All you Need to Know About H-3 Visa
Ever wondered if there is a visa category regulated by the USA that is dedicated to foreign Trainees? If you are looking for one, then you have come to the right place.
H-3 visa mostly comes into use when a USA-based corporation has its establishment in foreign locations and it wants to train its employees in its training center in the USA. However, this visa program allows not only foreign trainees but also Special Education Exchange Visitors to come temporarily and receive training here under the H-3 non-immigrant visa. However, in both cases, the purpose of the H-3 classification does not address productive employment at all. Instead, this is specifically designed to allow foreign nationals to have training that is unavailable in
their country of residence.
Who are eligible to avail H-3 visa?
- Trainees: Foreign nationals having residence in a foreign country and coming temporarily to the USA as trainees are eligible to apply for this visa. A caveat is that the trainee must have received an invitation from an organization or person to receive training, in any field including but not limited to Agriculture, Commerce, Communications, Finance, Government, Transportation, and Other Professions. Moreover, the allowed fields of training do not include graduate medical education or training.
- Special Education Exchange Visitors: They are those visitors who seek to participate in training programs that are dedicated to the education of children with physical, mental, or emotional disabilities. The Special Exchange Visitor must have a baccalaureate degree in special education or be near the completion of a baccalaureate degree program in the same or have extensive prior training and experience in teaching children with physical, mental, or emotional disabilities.
What are the requirements for to Training Program to avail H-3 Visa as a Trainee?
The petition for an H-3 visa can only be filed by a US employer or organization, and the trainee himself/herself cannot do so. While filing the petition, the petitioner must demonstrate that: a) The proposed training is not available in the trainee’s country; b) The trainee will not be employed in the normal operation of the business and will not engage in productive employment not incidental and necessary to the training; c) The training will benefit the trainee in pursuing a career outside the USA.
On the other hand, some characteristics of a training program may make it incompatible with the H-3 visa program. These include but are not limited to:
- A program that is incompatible with the practitioner’s business or enterprise
- Invites a trainee who already possesses substantial expertise and training in the proposed field of training.
- The field proposed is a field the knowledge of which is unlikely to be used outside the USA
- Petitioner does not have the physical plant and sufficiently trained workforce to train the trainee.
- The training program intends to extend the total allowable period of practical training previously authorized to a non-immigrant student.
The Process of filing H-3 visa application for a Trainee:
The petitioner shall file the H-3 Petition for a Nonimmigrant Worker (Form I-129). The Fee for filing this Form is $460. It is mandatory that the Petition includes a specific description of the training program. Thus, it must incorporate, inter alia: a) A description of the type of training and supervision to be given; b) Indications of the reason such training cannot be obtained in the trainee’s country; c) Indications as to the source of any remuneration received by the trainee and any benefit which will be accrued to the petitioner.
What are the requirements for the Training Program to avail H-3 Visa as Special Education Exchange Visitor?
In this particular subset of the program, there is a cap that does not allow more than 50 visas in a fiscal year. The petition must be filed by a facility having a structured program and trained staff. Along with that, the facility is bound to have the capability to provide education to children with disabilities and training to participants in the special education exchange visitor program. Furthermore, any custodial care of children must be incidental to the beneficiary’s training.
The Process of filing H-3 visa application for a Special Education Exchange Visitor:
Exactly like the filing process applicable to a Trainee, the facility supposed to provide the training to Exchange shall file H-3 Petition for a Nonimmigrant Worker (Form I-129). Of note, the petition must provide a description of a) The training the applicant will receive; b) the Professional staff of the facility; c) The beneficiary’s participation in the training program.
What about the Families of the Trainees and Special Education Exchange visitors under H-3 Visa?
The spouse and unmarried children of the H-3 Visa holders are allowed to accompany them to the USA as H-4 non-immigrants. However, they are not permitted to work in the USA during their stay.
Period of Stay applicable to the H-3 visa holders:
The trainees are allowed to remain in the USA for up to 2 years. However, in the case of the trainee petition for the special education exchange visitor, the allowed period of stay is 18 months only.
It might be a good idea to consult an attorney on this matter. Attorney Raju Mahajan & Associates has been trying to assist individuals in this sector. Our immigration law office provides numerous legal services, including online consultations, which you can access from any part of the world.
