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?
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  • 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.

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.