What is an H-3 Training Visa?

The H-3 is a non immigrant visa, allowing foreign nationals to come to the U.S. to receive training in certain professional fields. The H-3 is not a dual-intent visa, which means the H-3 trainee cannot use the H-3 visa as premise to subsequently apply for legal permanent U.S. residency.

What types of training are permissible under the H-3 category?

Generally, H-3 training can occur in “any field of endeavor” including agriculture, commerce, communications, finance, government, transportation, as well as purely industrial areas. Specifically excluded from the H-3 category is graduate medical training, however, in some cases nurses may receive training in the U.S. in H-3 status, as well as foreign medical students on school vacation can participate in externships at US hospitals.

What are the four main prerequisites to qualify for an H-3 visa?

• he training must not be available in the alien’s home country

• The alien must not be placed in a position which would ordinarily be filled by a US worker

• The alien must not be productively employed unless such employment is “incidental and necessary” to the training

• The training must benefit the alien in pursuing employment outside the US

In view of the above mentioned points, a training program will not be approved if:

• The training constitutes productive employment

• It is not described in terms of a fixed schedule and a ratio of theoretical to practical training

• There are no stated objectives

• There are no methods according to which the training can be evaluated

• It does not coincide with the petitioner’s other business

• The petitioner does not have the resources to fulfill the proposed training program

• It will teach skills the alien already possesses

• The alien will not be able to use acquired training skills in employment outside the U.S.

• It is being used to extend the training of a former F-1 student after the expiration of optional practical training.

What aspects can lead to the denial of an H-3 visa?

First of, there must be an existing and structured training program. The best way to evidence this is to show that training has previously been provided to aliens. In case of a newly established training program, this requirement can be satisfied by the submission of formal training materials, such as brochures, a syllabus, and a carefully detailed curriculum.

The training cannot be provided as a stepping stone to future U.S. employment with the U.S. company. Rather, the purpose of the training must be to enhance the alien’s qualifications for him/her to pursue a career outside of the US. Generally, USCIS requires a detailed description of the position the alien intends to pursue. However, it is not uncommon for a company to provide training to a foreign national, whose country is targeted for business expansion. The alien could then be asked to make use of his/her training at a foreign branch of the U.S. company. Such a purpose of training is acceptable but must be explained to USCIS.

In regards to productive employment, USCIS considers any productive employment reason to deny the petition. USCIS will determine whether there is productive employment by looking at how much time the alien spends in on-the-job training. Practical training is acceptable, as long as the alien is not filling a job that would otherwise be held by a US worker and is “incidental and necessary” to fulfilling the program requirements.

Another H-3 visa requirement asks the alien to evidence that he/she has received enough prior experience in the field to be able to follow and fulfill the requirements of the training program, however, if evidencing too much prior knowledge and experience, the training program could be seen as a means to engage in productive employment. Therefore, the alien must be prepared for the training but cannot be too proficient, as either too little or too much preparedness can trigger a denial.

What does the application process of an H-3 visa entail?

The H-3 application process is very much like the application process for any other non immigrant visa in the H category. The application includes the filing of Immigration Form I-129, which is then submitted to the corresponding regional service center along with the U.S. company’s petitioner’s letter, the training program, and the H-3 beneficiary’s credentials. These documents will serve to evidence the four main points of eligibility:

• A description of the training program, outlining the number of hours spent in classroom and/or on-the-job training

• The amount of time that will be spent in productive employment

• The employment abroad, for which US training will prepare the alien, and why the alien must receive this training in the US

• The amount of the alien’s compensation, and what, if any, benefit the U.S. petitioner will receive

How long can a foreign national hold an H-3 training visa?

The maximum period of admission in H-3 status is two years. If the visa is approved for a shorter period, it may be extended in increments of up to one year, but an alien is not allowed to remain in H-3 status for more than two years.
Dependent family members (spouses and unmarried children under 21) who accompany the H-3 alien are placed inside the H-4 category. After the two years, the alien will have to return to his/her native country for six months before being eligible to apply again.

If the training undergoes a substantial change from the one approved, a new petition must be filed. Otherwise, if the alien continues to participate in the training program, he/she is deemed to have violated H-3 status and is subject to deportation.