H-3 VISA

The H-3 Visa category is used by U.S. companies and institutions to bring foreign employees to the U.S. for a temporary period with the purpose to participate in an established company training program. The entities which are qualified to apply for H-3 visas are quite broad. They include technology, agriculture, communications and governmental organization. However, it does not include people seeking graduate medical training. Nurses and medical students on vacation, however, may be eligible for the H-3 Visa.

The H-3 visa holder's spouse and unmarried children under the age of 21 are allowed to join the H-3 visa holder in the U.S. under the H-4 status. Family members are not permitted to work while in the U.S. unless they are individually qualified for a work visa.

Procedures

The H-3 Visa is not self-petitioned. The U.S. employer must petition on behalf of the alien trainee. The employer must provide certain evidence about the training, including a description of the training program, trainee's compensation (if any) and reasons why the alien needs the training.

The employer must then submit a petition on Form I-129 with the regional INS center that has jurisdiction over the place where the training will be offered.

The alien will then apply to a U.S. consulate in his home country for a H-3 Visa.

Forms and Documents

Along with the requisite nonimmigrant application documents, the H-3 Visa requires the petitioning U.S. employer to provide the following supporting documents:

Proof that this training is not available in the alien's home country
Proof that this training will aid the alien in his or her career.
Proof that the alien will not engage in willful employment while in the U.S.
Proof that the training is formal in nature.