H-3 Training Visas

• Overview
• H-3 Training
• Petition Document Requirements
• Help with Training Visas

Overview

The H-3 classification applies to aliens (beneficiaries) coming temporarily to the U.S. to participate in a training program. There are general H-3’s, and those coming for special education training. There is currently no annual cap on H-3 admissions to the U.S.

The petitioning employer or sponsors must demonstrate that the:

• Proposed training is not available in the beneficiary’s home country
• Beneficiary will not be placed in a position which is in the normal operation of the business, and in which citizens and resident alien workers are regularly employed 
• Beneficiary will not be productively employed except as incidental to training
• Training will benefit beneficiary in pursuing a career outside the U.S.

Note: H-3 status is not appropriate for graduate education, including medical training, except under special circumstances. Petitioning employers may not use H-3 classification for training programs primarily designed to benefit the U.S. companies and/or where U.S. workers would be employed but for the trainees’ services.

Dependents (spouses and unmarried children under 21 years of age) of H-3 principal trainees are entitled to H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4 status.

H-3 Training

The H-3 category applies to an alien coming temporarily to receive training from an employer in any field other than graduate education or training.

Petition Requirements

The petition should be filed by the U.S. employer with:

• A detailed description of the training program, including the number of classroom hours per week and the number of hours of on-the-job training per week;
• A summary of the prior training and experience of each alien in the petition; and
• An explanation of why the training is required, whether similar training is available in the alien's country, how the training will benefit the alien in pursuing a career abroad, what benefits the employer will derive from the training, and why the employer will incur the cost of providing the training without significant productive labor from the trainee(s).

Help with Training Visas

D.Ray Mantle assists individuals and employers in obtaining positive immigration results in a timely, personal, and professional manner. Your individual circumstances are carefully reviewed by an experienced immigration attorney to determine which options are available to you. Mr. Mantle provides guidance and help in gathering the necessary information and documents for your case, prepares all of the necessary application forms, and also ensures that your final application meets all government requirements.

If you would like to understand more about the application process and to find out if you qualify for a H-3 training visa, please contact D.Ray Mantle for a consultation.