H-3 Alien Trainee Visa
(Non immigrant Visa for Foreign Nationals)

Definition of H-3 Alien Visas:

The H-3 visa program is a non-immigrant category that applies to foreign nationals entering the U.S. temporarily to participate in a training program. There is a basic or general H3 visa and also aliens coming for "special education training". Currently, these temporary visas have no annual cap.

The H-3 alien trainees are only permitted to work in compliance with their visa. For this reason, H3 visas are generally used by companies with trainees from a parent or subsidiary abroad desiring to provide more or a different kind of work knowledge towards the alien.

Eligibility Criteria for H-3 Trainee Visa:

The sponsoring employer must demonstrate that the:

• Suggested training is not offered in the beneficiary's home country;
• Position for beneficiary will not be one of the normal operation of the business and which citizens and resident aliens are regularly employed.
• Beneficiary will be employed, specific to training only.
• The beneficiary will benefit in pursuing a career outside the U.S.

The H-3 classification is not apt for graduate education, including medical training, except under certain circumstances. Sponsoring employers may not use H-3 visa for training programs specifically to benefit U.S. companies and where U.S. workers would be employed except for the trainee services.

Duration of Stay:

H3 Alien Trainees are allowed to stay in the USA for a maximum of two years. Generally, the visa is issued for the length of the training program. If the alien trainee remains in the country for a full two years, he/she must leave the U.S. for six months so as to obtain a new H visa.

Dependent Benefit:

H-3 spouses and unmarried children under the age of 21 qualify for H-4 status under the same limitations as the principal H-3 trainee. The H-4 visa holders do not authorize employment for the dependents.

Listing multiple foreign nationals in a single petition:

Aliens who do not need visas OR will apply for their visas at the same time will enter at the same port of entry may be included in one petition if:

• The dates of training are the same and they will perform the same duties.

Necessary Documentation:

The U.S. employer filing the H-3 petition should attach the following documentation:

• Detailed description of the specific training program, including number of classroom hours and number of on the job training hours per week.
• Summarization of the previous training/experience of each foreign national listed in the petition.
• Detailed explanation of why training is required, whether similar training is available in the foreign nationals’ country, how training will benefit the alien in pursuing a career abroad, what benefits the employer will receive from the training, and why the employer is willing to absorb the cost of training, knowing that the foreign national can not be used for productive labor.

H-3 Special Education Training Program for Children:

H-3 classification allows a foreign national to come to the U.S. to attend a "special education training program", in the education of children who have physical, mental, or emotional disabilities.

Documentation Checklist:

The U.S. employer who has a professional staff and structured program for providing education to children with disabilities must file I-129 Form (petition for a non-immigrant worker). The petition must be filed with the following documentation:

• Detailed description of the training, staff and facilities to evidence their particular program meets the above mentioned conditions and details of the foreign national's contribution in the training program.
• Copies' proving the foreign national is close to completion of a baccalaureate degree or higher, in special education, OR already holds such a degree OR has extensive prior training and experience in teaching children with physical, mental, or emotional disabilities.