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.
Countless clients have chosen our firm for the following reasons:
Call (800) 335-8520 today to review your immigration matter with us in
further detail.
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:
- Show that the proposed training is not available in the foreign national’s
resident country
- 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
- Show that the foreign national will not engage in productive employment
duties unless the activity is incidental and necessary for their training
- 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:
- Provide a detailed description of the proposed training
- Provide a description of the facility’s professional staff
- Detail how the foreign national will participate in the training program
- 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.