The H-3 Visa: How to Train International Employees in the US

Have you considered inviting an employee to participate in a United States training program? Your potential trainees may be able to obtain a visa for temporary nonimmigrant status, either as international trainees or as part of an exchange program. The H-3 Nonimmigrant Trainee or Special Education Exchange Visitor classification can provide that status.

The H-3 visa can be granted to foreign trainees and special education exchange visitors. The requirements for each group are slightly different, the latter being reserved for facilities that offer professional, structured programs designed to educate children with disabilities. The H-3 allows those trainees to get hands-on experience in their field. The broader section of the visa, intended for international trainees in general, involves one main condition: similar training must be unavailable in the trainee’s home country. Under the visa requirements, trainees can only accept training from either as a US branch of their company or from an unrelated US company.

According to the qualification criteria, trainees should only apply for the H-3 if their training is intended to further a career in their home country. They must apply with the intention to return home after the visa expires. They must be undertaking this training for the first time, though they also need enough experience to successfully complete the program. The visa generally lasts as long as the trainee needs to complete the program, but no longer than two years with the possibility of an extension. Approved special education exchange visitors can only stay in the US for up to 18 months. An application may be denied for one of the following reasons:

  • The trainee is seeking graduate medical education or training
  • The training program is too vague
  • The trainee already has plenty of experience in the proposed field
  • The program is designed to recruit international employees for a United States company
  • The training isn’t necessary or won’t result in productive employment.

The application process involves a description of the training program, including its structure, the trainee’s intended career after training is complete, and why the trainee must be trained in the United States, among other details. It’s the employer’s or organization’s responsibility to file the form petitioning for the trainee’s visa status. Make sure your application is clear and specific, explaining the objectives of your training program and how it will benefit you and the trainee.

The H-3 visa may have strict guidelines, but it does carry certain benefits. As an employer, you might prefer to sponsor an overseas employee for on-the-job training at a US branch of your company. You might also use the visa to strengthen a positive business relationship with a foreign company. As long as the work relates to the training program, the H-3 visa holder can work for your company alongside any classroom instruction. They can also bring spouses and unmarried minor children with H-4 visas. Approved H-3 trainees can travel to and from the US with family while their visas are still valid, offering some additional flexibility.

If you’re uncertain about any part of the H-3 visa petition process, from the requirements to the filing stage, don’t hesitate to ask a legal professional for help. Sánchez-Roig Law Firm, P.A. will be there to answer all of your immigration-related questions. Call us to get the best possible start to your visa application.