Immigration Law

H-3 Trainee Visa Category

By Robert Kraft

The H-3 trainee visa is a non-immigrant visa option for foreign nationals seeking training in any field of endeavor, including, but not limited to, commerce, communications, finance, government, transportation, agriculture, or the professions (except physicians).
 
Specifically, the H-3 is utilized by a foreign national seeking to pursue a career outside the United States, and training in the U.S. is necessary because the foreign national's home country does not have the type of training program available. Once the training program in the U.S. has concluded, the trainee must return to his or her home country to use the skills gained in the training program. In order to qualify, the U.S. employer must show that the foreign national's home country does not offer or does not prepare the trainee for the type of work that is available in the country, therefore training in the U.S. is necessary. When submitting H-3 visa petitions to U.S. Citizenship and Immigration Services (USCIS), employers must establish that the training program includes the following:
 

• Detailed description of the type of training and supervision to be given;
• The training program structure;
• Amount of time that will be devoted to productive employment (which must be kept at a minimum since this visa is for training and not for productive employment).
• Number of hours the foreign national will spend in classroom instruction and on-the-job training;
• Detail the career abroad for which the foreign national is training;
• Explanation as to why the training cannot be obtained in the country abroad and the reason the training in the U.S. is necessary;
• Source of remuneration.

 
The H-3 trainee visa is a valuable non-immigrant visa option for training in a variety of industries. For more information regarding H-3 visas or any other immigration related matters, please call Kraft & Associates at 214-999-9999.

Full post as published by Immigration Law Answers Blog on November 04, 2009 (boomark / email).