H-3 Visa

The nonimmigrant visa for temporary internship/trainee in the U.S. for improving the foreign national’s skills for the further applying of it outside the U.S.

The applicant should take into consideration:

  • An H-3 “trainee” must be invited by an individual or organization for the purpose of receiving training in agriculture, commerce, communications, finance, government, transportation, or other professions except of medical sector.
  • The U.S. employer or organization must demonstrate that the proposed training is not available in the foreign national’s native country; the foreign national will not be placed in a position which is in the normal operation of the business and in which U.S. citizens and resident workers are regularly employed; the foreign national will not engage in productive employment unless such employment is incidental and necessary to the training; and the training will benefit the beneficiary in pursuing a career outside the United States.
  • Besides the “trainee” H-3 visa provided “special education exchange”. It must be filed by a facility which has professionally trained staff and a structured program for providing education to children with disabilities, and for providing training and hands-on experience to participants in the special education exchange visitor program. There is a numerical limit (or “cap”) on the number of H-3 special education exchange visitors. No more than 50 may be approved in a fiscal year. 
  • The trainee may be allowed to remain in the United States for up to 2 years. A special education exchange visitor, the trainee may remain in the United States for up to 18 months.
  • An H-2A worker’s spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification.  Family members are not eligible for employment in the United States while in H-4 status.