H-3 Nonimmigrant Trainee Visa Lawyer

Consult with a Montgomery County Immigration Attorney Today

Foreign nationals who wish to travel to the United States for training in a particular field of endeavor or to participate in a special education exchange visitor training program must apply for an H-3 nonimmigrant visa with the United States Citizenship and Immigration Services (USCIS). Since any immigration matter can be incredibly complex and have a considerable potential for error, it is important that prospective applicants consult with a skilled immigration lawyer to minimize their chances of encountering any unnecessary hiccups. At USILaw, our Montgomery County immigration lawyers have an intimate understanding of the laws and regulations surrounding the H-3 visa application process and can provide the strong legal guidance you need to maximize your chances of approval.

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Who May Be Granted an H-3 Visa?

Unlike H-1B, H-2A, and H-2B visas which permit foreign nationals to enter the United States for temporary employment purposes, H-3 visas are solely for the purpose of providing foreign national with the necessary knowledge and skills to perform work outside of the United States. H-3 visas do not provide foreign nationals with the ability to pursue employment on US soil. In order to be granted H-3 visa classification, a United States employer or organization must file a Form I-129, Petition for Nonimmigrant worker with the USCIS and be able to satisfy the following criteria:

  1. Show that the proposed training is not available in the foreign national’s resident country
  2. Prove that the foreign national will not be placed in a position that is part of the business’ normal operation and is occupied by U.S. citizens and resident workers
  3. Show that the foreign national will not engage in productive employment duties unless the activity is incidental and necessary for their training
  4. The training will benefit the foreign national in pursuing a career outside of the United States

H-3 trainees must be invited by an individual or organization to receive training in any field, including agriculture, commerce, communications, finance, government, transportation, or some other type of profession. Prospective H-3 trainees must include a statement in their petition that describes the type of training they will receive, the structure of the training program, the amount of time the training will require, which career abroad for which the training will prepare them for, why they must be trained in the United States, and any sort of compensation the trainee or employer will receive for the training.

In the case of special education exchange visitors, H-3 visa petitions must be filed by an approved and professionally trained facility with a structured program for aiding children with disabilities. Petitioners must be able to fulfill the following requirements:

  1. Provide a detailed description of the proposed training
  2. Provide a description of the facility’s professional staff
  3. Detail how the foreign national will participate in the training program
  4. Show that the exchange visitor is close to completing a degree program in special education, has already completed a degree program, or has extensive training and experience teaching children with physical, mental, and emotional disabilities

When Will an H-3 Visa Not Be Granted?

H-3 classification will generally not be granted for the following types of training programs:

  • Programs which are nonspecific with no discernible schedule or means of evaluation
  • Programs that are unrelated to a petitioner’s business or enterprise
  • Programs that teach skills that are unlikely to be relevant outside of the United States
  • Programs that are meant to recruit foreign nationals for domestic operations
  • Programs designed to extend the total amount of allowable training for a nonimmigrant student

H-3 visas are also subject to a cap on the number of special exchange visitors that may be approved. As it stands, no more than 50 may be approved per fiscal year.

How Long May H-3 Trainees Stay in the United States?

If approved, an H-3 trainee may remain in the United States for a maximum of two years. Special education exchange visitors are allowed to stay for up to 18 months. Spouses, children, and other dependents of H-3 visa holders must petition for H-4 nonimmigrant status in order to accompany them to the United States, though they may not be employed during their stay.

Let Us Simplify Your H-3 Visa Application

At USILaw, our Montgomery immigration attorneys are passionate about helping individuals from all walks of life legally enter the United States and access the occupational training they need to better their lives. With compassionate support and an unparalleled dedication, we can take out the guesswork of applying for H-3 classification and handle any issues that should arise on your behalf. To find out more about how our team of knowledgeable professionals can assist you, schedule a confidential consultation or contact our office online today.