Each year, U.S. companies extend thousands of
offers to individuals from abroad to receive on-the-job
training. The purpose of the training is to enhance
your career in your home country, and productive
work cannot be the principal objective of the
We assist companies, workers, and their dependent
family members in obtaining the H-3 visa. We prepare
the extensive paperwork, guide them through the
ever-changing rules, regulations and definitions,
coordinate matters between employer and trainee,
and represent the parties before the INS as well
as the consulate of the employee’s home
country. We guide the parties through decisions
regarding the eligibility of the training program
under the rigid INS regulations applicable to
the H-3 visa, financial requirements, travel issues,
extensions of stay, and the eventual change from
an H-3 to another visa, as appropriate.
The H-3 Visa Is
H-3 Visas are available for trainees who come
to the U.S. to enroll in on-the-job programs with
industrial establishments, individuals, organizations,
firms or other trainer who gives instruction “in
any field of endeavor, such as agriculture, commerce,
communications, finance, government, transportation
or the professions.” Graduate medical education
and training is excluded from this category. Typical
instances in which H-3 visas are issued include:
1) companies with branches or subsidiaries in
foreign countries who train foreign employees
for work overseas; and 2) companies who wish to
foster strategic alliances or other business relationships
with foreign entities.
H-3 Visa Privileges:
• You can participate in a bona fide U.S.
company training program and work legally for
the company in the U.S..
• Visas can be issued quickly.
• You may travel freely in and out of
the U.S. for the term of the visa.
• H-4 visas may be issued to accompanying
relatives, who are authorized to study, but
H-3 Visa Prerequisites
• The proposed training cannot be available
in your home country.
• You cannot fill a position which is
within the normal operation of the business,
in which U.S. citizens and residents are regularly
• Your primary activity in the U.S. must
be to receive training. Productive work can
only be incidental to the training program.
• The training must be of benefit to you
in pursuing employment outside the U.S..
• You must work for the employer who acted
as your H-3 sponsor. If you wish to change training
programs, you must apply for a new H-3 visa.
• H-3 status can be held for the time
necessary to complete the training program.
Extensions of one year at a time are permitted,
with a two year maximum, but only for the purpose
of completing the original training program.
• Approval of a Labor Certification or
the filing of an immigrant preference petition
by the same employer will ordinarily result
in the denial of an application for extension
of the H-3 visa.
• Once you have held the H-3 visa for
the maximum term of two years, you must return
to your home country, and wait at least 6 months
before becoming the beneficiary of a new H or
L visa, unless you are eligible to change to
another status. (This rule does not apply if
you did not reside continually in the U.S. and
your employment in the U.S. was seasonal or
intermittent or was for an aggregate of six
months or less per year.)