J-1 EXCHANGE VISITOR VISA / H-3 TRAINEE VISA
The J-1 visa is designed to facilitate a cultural exchange between the J-1 visa holder and the US organization that hosts the visitor. J-1 visas are issued to individuals who seek to enter the USA for a temporary period in order to serve in one of the following: teacher, professor or research scholar, trainee or intern, secondary-school teacher, college or university student; nonacademic specialist; foreign physician; camp counselor; au pair; or summer student in a travel/work program.
J-1 visa applicants must obtain sponsorship from an agency designated as a J-1 sponsor by the US Department of State. The sponsor is not the organization or agency where the J- 1 visa holder will work, or serve as a trainee or intern. The J-1 sponsor is the agency that communicates the Department of State requirements for the J-1 applicant and approves the applicant to participate in the J-1 program. There are hundreds of sponsors in the USA, each of which specializes in a limited number of J-1 exchange programs. For example: there are sponsors who specialize only in au pair programs, and sponsors who specialize only in business trainee and intern program, and so on. The sponsor issues a special form to the J-1 Applicant, the DS-2019, and the applicant uses the form to apply for the J-1 at the US consulate overseas.
The J-1 has many unique requirements and the process of applying for the visa is very different than any other visa application process. Identifying an appropriate J-1 host and then locating a J-1 sponsor are good first steps. However, before you can even start the process, it is essential to have the full picture on the various phases of this complicated process.
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?
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.