H3 Visa

The H-3 visa is a type of nonimmigrant visa which allows foreign nationals to enter the U.S. to receive training in a U.S. company. However, you may not come for a graduate program or medical training, except as an “Extern” or in some cases as a nurse, and the training cannot be available in the trainee’s home country.

Note: Special Exchange Visitors may also apply for nonimmigrant visas under the H-3 category. A Special Exchange Visitor is one who seeks to enter the U.S. to gain practical training in educating children with physical, mental, or emotional disabilities. The foreign national must have a foreign residence that he/she has no intention of abandoning, and may stay in the U.S. for up to 18 months. Only 50 foreign nationals per year may enter into the U.S. in the Special Exchange Visitor category.

To qualify for an H-3 visa, you must be coming to the U.S. to receive training in areas such as commerce, agriculture, government, professions, finance, agriculture, in an industrial establishment or other professions. You must prove that:

1. You are not receiving graduate medical education or training in the U.S.
2. You do not have the opportunity to receive similar training in your home country
3. You can utilize this training to advance your career outside the U.S.
4. You will not be productively employed unless it is necessary to the training
5. The trainee will not be placed in a position which is normally part of the business operations and where U.S. workers are usually employed.

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The benefits of an H-3 for a foreign national include:

1. Enter into the U.S. and receive training that is difficult to obtain in your home country or country of residency.
2. Travel in and out of the U.S. or remain in the U.S. continuously during the validity of your H-3 visa
3. Bring your dependent spouse as well as unmarried children under 21 on the H-4 visa

The limitations of H3 training visa include:

1. The training program must be provided by the U.S. company which petitions for the foreign national
2. Physicians are ineligible for the H-3 classification to receive any type of medical training or education
3. If the H-3 visa holder remains in the U.S. for the maximum period of time (2 years as an H-3 Trainee or 18 months as a Special Education Visitory), (s)he may not seek a change of status, extension, or readmission to the U.S. in H or L
   status until (s)he has resided outside of the U.S. for a period of six months
4. H-4 holders may not work in the U.S.

Yes, but only if the original period of stay was less than 2 years for H-3 Trainees and less than 18 months for H-3 Special Education Visitors and the total period of stay with the requested period will not exceed 2 years or 18 months, respectively.

Yes, you may apply for change of status while on H-3 visa. If you are taking up a job, have your employer file Form I-129, Petition for Nonimmigrant Worker with jurisdiction over your case if you are trying to change to H-1B or TN. Make sure your employer files for your spouse and children on Form I-539, Application to Extend or Change Nonimmigrant Status.

Remember that you cannot change status to H-1B or L-1 if you have were in H-3 status in the U.S. for the maximum period of time.

No, there are no travel restrictions on H-3 visa. You can generally travel as many times as required before the expiry of your H-3 status. USCIS also does not impose any time limits on your stay abroad.

1. H-3 Trainee are eligible for up to 2 years of stay in H-3 status.
2. H-3 Special Education Visitors are eligible for up to 18 months of stay in H-3 status.

Yes, you may study while on H-3 visa. Your course of study must be incidental to your status.

Yes, your spouse and unmarried children under 21 years old may accompany you on the H-4 visa and they may stay as long as you are in valid H-3 status.

No, your dependents may not work while in H-4 status.. They will have to apply for an appropriate Work Visa.

Yes, your dependents may study on H-4 visa. They do not have to apply for separate F-1 student visa.

To apply for H-3 visa, your U.S. employer must submit Form I-129, Petition for Nonimmigrant Worker, with USCIS with the required evidence and filing fees.

Note: The petition should not be filed more than six months prior to the commencement of the program.

The documents required with the H-3 petition are:

1. A description of the training program, staff, facilities, number of classroom hours per week, and the number of hours of on-the-job training per week
2. Details of the trainee participation in the program
3. Details of compensation to the trainee, if any
4. Reasons why a trainee needs the training
5. Details and evidence showing the training is unavailable in the trainees home country
6. Explanation on how the trainee will be able to utilize the training outside the U.S.
7. For Special education training programs:
   Evidence that the program provides special education to children with physical, mental, or emotional disabilities, and that any custodial care of the children is only incidental to the training program

Note: For the SEV H-3, if the documentation says that the foreign national is nearing the completion of a baccalaureate degree in special education, already holds such a degree, or has extensive experience in teaching children with physical, mental, or emotional disabilities it would be an added advantage.

For those outside the U.S., once the H-3 petition is approved by USCIS, you will need to obtain an H-3 visa at a U.S. consulate or embassy. You must Form DS-160, Application for Nonimmigrant Visa online and make the appointment to obtain the H-3 visa. When attending the interview, the following documents should be carried:

1. Form I-797, Notice of Approval of the H-3 visa petition
2. Original documents showing you are qualified to participate in the training program (degree certifications, experience letters, etc)
3. Valid passport for you and each accompanying relative
4. One passport-type photo of you and each accompanying relative
5. Long form birth certificate for you and each accompanying relative
6. Marriage certificate if you are married and bringing your spouse
7. documents or evidence showing that you intend to return your home country upon completion of the training (this can include evidence of property, evidence that your immediate relatives are not traveling with you, evidence that you are remaining in your current job upon your return after training, etc.)

Hospitals approved by the American Medical Association or American Osteopathic Association for internship or residency programs may file an H-3 petition to classify a medical student who is attending a medical school abroad to come to the U.S. for an externship. The individual should be coming during their school vacation and the hospital must meet all H-3 requirements, including showing the training is unavailable in the home country.

Nurses may come to the U.S. on an H-3 Training Visa in order to obtain training that is both beneficial to the nurse-trainee as well as the nurse’s overseas employer. The U.S. petitioner must be able to show that there is a genuine need for the nurse to receive training in the U.S. that is unavailable in their home country.