H-3 Professional Trainee Visa
I. SUMMARY
II. WHAT IS H-3 STATUS?
III. WHO QUALIFIES FOR H-3 VISA?
IV. WHAT FORMS DO I USE TO APPLY?
V. FAMILY MEMBERS
VI. FEES TO INS/CONSULATE
VII. PROCEDURE
I. SUMMARY
H-3 classification applies to trainees other than medical or academic. This classification also applies to practical training in the education of handicapped children. This is a temporary visa. You are only authorized to stay and work in the United States initially up to 18 months if you are a special education trainee and up to 2 years if you are a trainee other than in special education. There are no extensions. This is the limit of your stay in the United States under this category. Every year, the U.S. Government limits the number of applicants that will be admitted in this category. This year, the number is 50. We recommend that you file your petition early as this is a popular category and the limit is reached early in the year. You should not file your visa petition more than six months before your employment is to begin. However, you should file it at least 45 days before your employment is to begin to insure that your visa is approved before your employment starts.
It is a non-immigrant visa that allows you to work temporarily for a U.S. Employer. Upon expiration of your non-immigrant visa you must leave the country.
III. WHO QUALIFIES FOR H-3 VISA?
A. H-3 classification applies to aliens coming temporarily to receive training from an employer in any field other than graduate education or training. These are the requirements H-3 Visa applicants must meet:
- You must be entering the United States to participate in an existing training program provided by the petitioner;
- Your training cannot be with the intention for future employment in the United States;
- You cannot engage in "productive employment" unless it is incidental to the training program;
- The training program must provide experience or knowledge that you could otherwise not receive in you native country;
- You must be participating in the training program in order to gain skills, not to enhance those that you already have;
- You must maintain a residence in your home country which you have no intention of abandoning.
1. H-3 classification also applies to aliens coming temporarily to participate in a special education training program in the education of children with physical, mental or emotional disabilities. It is required that the custodial care of the children must be incidental to the training program.
IV. WHAT FORMS DO I USE TO APPLY?
FORM I-129:The petition must be filed by a U.S. employer with the supporting evidence.
A.Supporting Evidence:
Petitioner’s letter detailing why the training is required, whether similar training is available in the alien's country, how the training will benefit the alien in pursuing a career abroad, and why the petitioner will incur the cost of providing the training without significant productive labor.
b. A detailed description of the structured training program, including the number of classroom hours per week and the number of hours of on-the-job training per week;
c. A summary of the prior training and experience of each alien in the petition.
B. Supporting Evidence:
a. A description of the training, staff and facilities, evidence that the program meets the requirements, and details of the alien's participation in the program; and
b. Evidence showing that the alien is nearing completion of a baccalaureate degree in special education, or already holds such a degree or has extensive prior training and experience in teaching children with physical, mental or emotional disabilities.
Your spouse and unmarried children under 21 are admitted under the same classification as you are.
Form I-129 (Filing Form Click here)
Consulate Fee
A. Approval of Form I-129:
Your employer must file an I-129 Petition together with the supporting evidence.
B. Change of Status/Consulate Processing:
If the applicant is already in the United States, he or she can remain and work in the U.S. provided that a change of status has been requested and granted by the USCIS. If the applicant is outside the United States he or she must apply for a non-immigrant visa at his or her local U.S. consulate office.
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