Temporary Trainee H-3 Visas

The H-3 visa is a temporary trainee visa that allows individuals to come to the United States for on-the-job training provided by a US company. The training must be of a type that isn't available in the applicant's home country. The training must be at a company, and not a school. Also, the H-3 visa allows the holder to work only for the company that is providing the training.

The H-3 visa allows a person to get valuable professional training which can then be used in their home country. However, the H-3 visa can't be used to come to the US for a graduate program or medical training.

Training is the Focus

The main objective of an H-3 visa is the training, not the actual work.

Duration

H-3 visas are issued for the duration of the training program, but usually not for more than two years. Extensions beyond the two-year limit aren't available for this visa class.

Eligibility Requirements and Restrictions

For a training program to qualify it must be not available in the applicant's home country.

To be eligible for an H-3 visa, applicants must show:

• They won't be placed in a position which is in the normal operation of the business and in which citizens and resident workers are regularly employed
• They won't engage in productive employment unless it is incidental and necessary to the training
• The training will benefit the applicant in pursuing a career outside the US

No Annual Cap

There is no annual cap on the number of H-3 visas that can be issued.

Spouses and Children

Spouses and unmarried children under age 21 of H-3 visa holders are eligible for H-4 visas. Dependents may remain in the US or travel in and out of the country, but they aren't allowed to work.

Travel

An H-3 visa holder can travel around and outside the US an unlimited number of times, for unlimited periods of time.

Change in Status

When the visa expires, the trainee can't apply for a change in status. However, trainees can change their status before their visas expire.

Questions for Your Attorney

• If you've been to the US on an H-3 visa, are there limitations on coming to the US later on to work, for example under an H-1 B visa?
• May the spouse and dependents of an H-3 visa holder enter the US, and can they apply for a change in status?
• Can an H-3 visa be extended?
• Is there another type of visa that better fits my needs?