H-3 Trainee Visa
The H-3 training visa category is strictly intended for foreign national seeking on the job training
provided by a US company or a US government agency in order to further their career in their
home country. In order to be eligible for an H-3 visa, similar training opportunities must not
exist in the foreign national’s home country. The classification is not intended for employment
within the USA. A foreign national is not eligible for this classification if they are coming to the
USA for graduate education or training. If this is the case, then a J-1 or an GF-1 classifications
for training may be more appropriate.
The H-3 Visa Category?
- An H-3 visa holder can take part in a training program offered by a US company or US government agency, and therefore can work legally in the USA, as long as it is not productive employment.
- There are no numerical limits to H3 Trainee Visas though there is a limit of fifty (50) per year regarding ‘special education’ H3 Training Visas.
- In order to apply for an H-3 visa at a US Consulate overseas, the H3 visa applicant must be the beneficiary of an approved visa petition. In other words, before the trainee can apply for the H-3 visa, the company which is sponsoring the training must file a petition with USCIS. Generally it takes USCIS 2-4 months to approve the visa petition. Once the petition is approved, the applicant must schedule an appointment to apply for the visa at a nearby consulate.
- An H-3 visa holder can travel in and out of the USA without restrictions, or can stay in the USA continuously until the visa expires.
- H-4 visas are available for accompanying spouses and unmarried children under the age of twenty-one (21). H-4 visa holders cannot work in this country but they can study in the USA primary and secondary schools.
The Law office of Brian T O’Neill can provide the tools you need to make the most informed decisions about applying for the H-3 visa. Find out how the process works, what timing and considerations are involved, what forms and supporting exhibits must be submitted before submitting an H-3 visa package.
Call the Law office of Brian T. O’Neill at 617-722-4000 or contact us online. We will gladly answer your questions or schedule a consultation.
