Non-Permanent Visas: Trainees

The H-3 Trainee Category

The H-3 Trainee category is available for individuals coming to the United States to undergo training in an established training program at a U.S. company or academic institution. The program must not be available in the trainee’s home country and must benefit the trainee in pursuing a career outside the U.S. The trainee must not be engaged in productive employment unless it is incidental and necessary to the training. Further, the training should be primarily in a classroom setting with limited on-the-job training.

A Training Program cannot be longer than two tears in duration. A trainee’s H-3 status cannot be extended past the two year limitation. The H-3 trainee cannot change status to H-1 or L-1 status after the two years of training. Further the trainee is not allowed to enter the U.S. in H-1 or L-1 status unless the trainee has been outside the U.S. for six months.

Procedures

The U.S. company files a Form I-129 and H Supplement, all supporting evidence and requisite filing fees with the appropriate U.S. Citizenship and Immigration Services (USCIS) Service Center. Upon approval of the H-3 petition, the USCIS issues a Form I-797, Approval Notice.

After Form I-797, Approval Notice issuance, the prospective H-3 trainee applies for an H-3 visa at an overseas U.S. Embassy or Consulate. Every U.S. Embassy and Consulate has its own special rules for visa applications. It is essential to review the procedures prior to the H-1B visa application. In addition, all U.S. Embassies and Consulates require a personal interview prior to the issuance of an H-3 visa.

When submitting the H-3 visa application, a Form DS-156 must be submitted along with the original Form I-797, Approval Notice and any supporting evidence. If the H-3 visa applicant is a male between the ages of 16 and 45, a Form DS-157 is also required. Any spouse and each unmarried child under the age of 21-years old must also submit a Form DS-156 to apply for an H-4 visa. Each male child between the ages of 16 and 20 must also submit a Form DS-157.

H-3 and H-4 visas are normally issued for a validity period corresponding with the validity period stated on the Form I-797, Approval Notice. Most H-3 visas are issued allowing multiple entries. However, due to agreements between the United States and certain countries, the validity period may be less and entries may be limited to a specific number.

Entering the United States with a H-3 Visa

When an H-3 visa holder enters the United States, he/she receives a Form I-94, Arrival/Departure Card indicating H-3 status. The Form I-94 records the date and place of admission into the United States, the visa classification and the date the authorized stay in the United States expires. The Form I-94 is normally issued with an expiration date of the H-3 visa and the Form I-797, Approval Notice.

Dependents
The spouse and all unmarried children under age of 21-years old may receive H-4 visas. These family members may attend school in the United States. However, an H-4 visa holder may not work.

FAQs for H-3 Trainees (Coming soon)