Trainee visas (H-3)
The H-3 visa is for individuals seeking additional professional training in the U.S. for up to two years and who expect to return to their country of origin once training is complete. People seeking training for special education can stay for up to 18 months.
H-3 visa requirements
H-3 visas are for individuals invited to train in the United States. Areas of training include:
- Communications
- Commerce
- Finance
- Government
- Agriculture
- Transportation
- Other professions
Individuals entering the U.S. for graduate education are not eligible for H-3 visas. If you want to pursue graduate education in the U.S., you should seek a J-1 or F-1 visa. The H-3 visa is not intended for employment, only for extended professional training.
Application
To apply for an H-3 visa, the U.S. business where you hope to continue your professional training must file a Form I-129, Petition for Nonimmigrant Worker. If the petition for professional immigration is approved, you will be allowed to remain in the U.S. for up to two years of training.
Family
If USCIS grants you a visa, your spouse and unwed children under the age of 21 may accompany you to the United States. They will not be permitted to work.
Employer application requirements
Employers—the H-3 visa petitioners—must file Form I-129, available here from the USCIS website. Because these petitions are complex and confusing, employers should seek assistance from a business immigration attorney to ensure that the I-129 petition is complete and timely.
The H-3 petitioner must demonstrate that:
- Equivalent training is not available in the individual’s country of origin.
- The Employer has designed a specific training program with periodic evaluations of the trainee, preferably with some percentage of time in classroom instruction.
- The H-3 trainee will not occupy a position in the business that would otherwise be occupied by a U.S. citizen or resident worker.
- The H-3 trainee will not be engaged in productive labor, aside from labor inherent to the training.
- The training will benefit the H-3 trainee in pursuing a career outside of the U.S.
- The trainee must provide an explanation of why training is unavailable abroad and how training will benefit their work abroad.
To obtain a legal training position, your best path is to speak with a Hawaii immigration lawyer. The Hawaii immigration law firm of KahBo Dye-Chiew has years of experience helping petitioners in all areas of U.S. immigration law.
