H-3 Trainee Visas

H-3 status is available for foreign nationals to undertake training with a U.S. company or organization. The training must benefit them in pursuing a career outside the U.S. This visa frequently is utilized by multinational companies who wish to train a talented foreign employee temporarily in the U.S. operations to strengthen their performance abroad. However, it is not a requirement that the sponsor is a multinational company. Likewise, trainees of all ages may qualify, provided that they do not already have significant training or experience in the field.

An H-3 petition must show that:

• The proposed training is not available in the trainee’s own country;
• The trainee will not be placed in a position which is in the U.S. company’s normal operations and in which citizens and resident workers are regularly employed;
• The trainee will not engage in productive employment unless such employment is incidental and necessary to the training; and
• The training will benefit the trainee in pursuing a career outside the U.S.

Training programs must be detailed and structured for the duration of the requested period and must:

• Describe the type of training and supervision to be given, and the structure of the training program;
• Set forth the proportion of time that will be devoted to productive employment;
• Show the number of hours that will be spent, respectively, in classroom instruction and in on-the-job training; and
• Describe the career abroad for which the training will prepare the trainee.

The petition must describe the reasons why such training cannot be obtained in the trainee’s country and why it is necessary for them to be trained in the United States, as well as address the source of any remuneration received by the trainee.

H-3 petitions are filed with USCIS and must be approved before the trainee can apply for a visa stamp at the U.S. embassy or consulate abroad and enter the U.S. H-3 petitions have a maximum validity of two years and cannot be extended.

To speak with an immigration attorney about H-3 trainee visas contact Grossman Young & Hammond.