H-3 Visa Frequently Asked Questions (FAQs)

What is H3 Visa?
For whom is a H3 Trainee Visa appropriate?
What are the eligibility requirements for H-3 Visa?
Is there any limit on the number of H3 visas available in a year?
What is the duration of stay for persons coming to the US in H3 Alien Trainee Visa?
Can I extend my stay on H-3 visa?
What are the benefits of H-3 visa?
What are the limitations of H3 work visa?
Can I change status while on H-3 visa?
How do I apply for H-3 visa?
Where the petition should be filed?

What is H3 Visa?

H-3 Alien Trainee Visa is a non-immigrant visa designated for foreign nationals who wish to enter the United States to receive training in any field of endeavor, such as agriculture, commerce, government, finance, professions, agriculture, or in an industrial establishment.

For whom is a H3 Trainee Visa appropriate?

• Aliens who wish to participate in training program which is not available in their country.
• Aliens who enter the U.S. as special exchange visitors to receive training in educating children with physical, mental or emotional disabilities.
• Multinational companies who send their staffs to the United States for on-the-job training.

What are the eligibility requirements for H-3 Visa?

The sponsoring employer/U.S. company must demonstrate that the

• Proposed training is not offered in the beneficiary’s home country.
• The beneficiary is not receiving graduate medical education or training in the U.S.
• The alien will not be placed in a position in the normal operation of the business in which citizens and resident workers are regularly employed.
• Beneficiary will be employed, specific to training only.
• Beneficiary will benefit in pursuing a career outside the U.S.

Is there any limit on the number of H3 visas available in a year?

There is no numerical limit to the number of H3 visas issued in a year.

What is the duration of stay for persons coming to the US in H3 Alien Trainee Visa?

H3 visa holders are allowed to stay in the United States for a maximum period of two years. Normally, it is issued for a time period required to complete the training program. If the trainee remains in the U.S. for two years, he/she must leave the United States for six months so as to obtain a new H visa.

Can I extend my stay on H-3 visa?
No, you are not allowed to extend the stay after 2 years. Extensions are possible only if the period of stay is less than 2 years.

What are the benefits of H-3 visa?

On H-3 visa,

• You are permitted to enter the United States and get trained in professional capacity for a short period.
• You can travel freely in and out of the United States during the validity period of H-3 visa.
• H3 visa holders may bring their dependents on H-4 visa.

What are the limitations of H3 work visa?

• The training program must be provided by the U.S. Company which petitions for the foreign national.
• On H3 visa, physicians are not allowed to receive any kind of medical training or education.
• Spouse and unmarried children of H-3 visa holders are not allowed to work in the U.S.

Can I change status while on H-3 visa?

Yes, you are eligible to apply for change of status while on H3 visa. If the beneficiary has spent two years on H3 visa, they are not allowed to change status to H-1B or L-1 unless they have stayed outside the country for a period of six months.

How do I apply for H-3 visa?

In order to apply for H-3 visa, your U.S. employer must submit the Form I-129 on behalf of the alien. Along with the form, the petitioner must submit a letter from the U.S. employer that includes the information such as

• Profile of the petitioning company;
• A detailed description of the training program which includes information such as
  • Type and purpose of training offered
  • Number of classroom hours per week
  • Number of hours of on-the-job training per week;
  • How the training prepares the person for a type of work that is new to the home country;
  • Amount of time that will be spent in productive employment; and
  • Source of remuneration received by the trainee.
• A brief description of the prior training and experience of each alien in the petition; and
• A description that the training does not exist in the home country.

Besides, the following documents should be filed with the I-129 petition

• Copy of beneficiary's passport;
• Copy of beneficiary's educational documents; and
• Employment letters from the beneficiary's foreign employer.