H-3 VISAS: AN OVERVIEW

The H-3 visa classification is designed for foreign nationals who wish to enter the United States to receive training in a particular area. This visa does not extend to an alien receiving graduate education at a university.

U.S. immigration law allows for an alien to receive training in "any field of endeavor." The regulations give examples of agriculture, commerce, communications, finance, government, transportation, the professions, as well as purely industrial areas. The only sort of training that is excluded is graduate medical training.

Requirements for an H-3 visa:

The H-3 visa differs from the H-1 and H-2 visa categories in some ways. The requirements for an H-3 visa are best described in a general manner rather than specific to employer or employee. Generally, the following must be true of any H-3 visa application.

1. The training must not be available in the alien's home country

2. The alien must not be placed in a position which is part of the normal operation of business which would ordinarily be performed by a U.S. worker

3. The alien must not be productively employed unless such employment is "incidental and necessary" to the training

4. The training must benefit the alien in pursuit of employment outside the U.S.

Filing procedure:

Applying for an H-3 visa is much like applying for any other H visa. The application is made with Form I-129. The application must also include evidence that will allow USCIS to determine whether the training program meets the four requirements discussed above. Typically this is done in the form of a statement from the sponsor of the training program. This statement must include:

• A description of the training program, outlining the number of hours spent in classroom or on-the-job training
• The amount of time that will be spent in productive employment
• The employment abroad for which US training will prepare the alien, and why the alien must receive this training in the US
• The amount and source of the alien’s compensation, and what, if any, benefit the petitioner will receive

The experienced and skilled immigration attorneys at Shihab and Associates are prepared to assist you with all of your H-3 visa questions. Whether you need assistance on every aspect or just have a question or two, Shihab and Associates is ready to guide you through the process. To set up an initial consultation please contact us.