Rachel Browning’s Legal Blog

             The H-3 visa is a nonimmigrant visa, meaning a temporary option, which allows foreign nationals to enter the U.S. temporarily to train in “any field of endeavor”.  In reality, the H-3 Visa is limited to training programs in which the employer can demonstrate that the foreign applicant is entering the U.S. for a limited duration of time, to receive training; and the applicant will return to a foreign residence upon the completion of his/her training.  In addition, the training program cannot be a graduate program or medical training. More specifically, it must be training that is not available in the beneficiary’s home country.

            The H-3 Visa is an attractive option to U.S. employers who have affiliated companies abroad for which they need to train foreign workers, but the required training resources are perhaps lacking or non-existent.  U.S. employers, in their applications, must provide the USCIS (and ultimately, the applicable consulate) with a detailed outline of the training program, including a fixed schedule that corresponds to the nature of the petitioner’s business. The training program cannot place the beneficiary in a position in the normal operation of the business, and in which citizens and resident alien workers are regularly employed.  Basically, the alien trainee cannot be productively employed at all except as incidental to training. Finally, the employer must show that the training is necessary to advance the beneficiary’s career outside the U.S. and is not being used for purposes of hiring in the U.S.

            U.S. employers wishing to apply for the H-3 training visa must submit the Form I-129, Petition for Alien Worker with the USCIS, along with supporting documentation verifying the nature of the employer’s business and the specific training involved.  The employer must be prepared to document in detail the type and purpose of the training, the number of classroom hours and on-the-job hours involved in the training, and an explanation as to why this type of training is unavailable to the alien in his/her home country.  As for the alien-beneficiary, he or she must be prepared to document fully ties to his or her home country, such that the consular officer is satisfied that the alien will return home once the training period has ended.  Unlike the popular H-1B specialty occupation visa, H-3 visas are not subject to a yearly quota and can be applied for at any time.

            Employers interested in pursuing an H-3 Visa should contact an experienced immigration attorney who can assist in compiling the necessary documentation and ensure that the employer remains compliant with USCIS regulations.  The Immigration Attorneys of Smith & Garg in The Woodlands and Westchase – Houston offices can provide the assistance you require to bring qualified foreign nationals to the U.S. and to help your business grow and succeed. Contact us for further information or to schedule a Consultation.