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H-3 Visa

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H-3 VISA

The H-3 visa category allows non-citizens to come to the United States temporarily as either a trainee or special education exchange visitor. The H-3 visa is not a dual intent visa. Non-citizens seeking to enter the United States must not have the intention to reside in the United States permanently. Instead, non-citizens must have the intention to return to their home countries. 

H-3 Trainee

A trainee may receive training in any field of endeavor other than graduate medical education or training. As noted, graduate medical training is specifically excluded. Some fields that may qualify for training programs include agriculture, communications, business, transportation, architecture, and finance. Many other fields may also qualify for H-3 training. 

An H-3 trainee must be invited by an individual or organization for the purpose of receiving training. In other words, this classification is not intended for employment. The H-3 training must provide the non-citizen with job-related training for work that will ultimately be performed outside of the United States. 

The training must not be available in the non-citizen’s home country.  The training program should provide the trainee with new knowledge and skills which will make it possible for the trainee to advance their career in their home country. The non-citizen also must not already possess the training sought. 

The training program may not be general in nature. It must have a fixed schedule with a set training objective. The program must be compatible with the nature of the Petitioner’s business.

If the H-3 trainee petition is approved, the trainee may remain in the United States for up to two years. If the entire two years have been used, the H-3 status cannot be extended. If, however, the H-3 petition was initially approved for only one year, another one-year extension petition may be filed with USCIS.

At the end of the program, the trainee must return to his or her home country. The H-3 visa holder may not file for a change of status after the end of the training program. Further, H-3 visa holders who have spent the full two years in the United States may not be admitted in either H or L visa status unless they have resided outside the United States for the previous six months.

H-4 Dependents

The legal spouses and unmarried children under 21 may accompany the trainee to the United States as H-4 non-immigrants. The dependents are not permitted to work in the United States.

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