H-3 Visa: Training

The H-3 Visa allows an applicant to train at a U.S. organization in any occupation for 18 to 24 months. The H-3 is not a work visa, instead provides essential on-the-job training which will further the applicant’s abilities in the specialized field. Under current federal regulations, no extension, change of status or re-admission will be granted to the H-3 applicant after the two years has been used, unless he or she lives out of the U.S. for six months. As a practical matter, an H-3 applicant is allowed to apply for a change of status or extension before the two year period is expired, under certain circumstances. To obtain the H-3 visa, the person must apply at the U.S. consulate in their home country.

Legitimate Reasons for an H-3 Visa:

Legitimate reasons for the H-3 training include a corporate rotation to enable overseas employment, training that is difficult to obtain in the applicant’s home country, a desire to educate an overseas client about the employer’s business as a marketing strategy, a need to train a co-venturer in the employer’s methodology or training a worker who will then open a “start up” operation abroad for the U.S. company.

Domestic employers with no foreign business partners/branch office will have a more difficult time in obtaining an approval, as will those applicants already in a training program such as the J-1 or B-1. In a legitimate H-3 program, the trainee is not allowed to perform actual “hands on” work for the employer. Therefore a solely U.S. based employer must explain why they are willing to train someone, when they are not really getting any services in return. Hence, the increased difficulty in approval.

Occupations Where H-3 Training is Allowed:

The H-3 visa holder may receive training in any field, including commerce, communications finance, government, transportation, agriculture or the professions (except doctors who are governed by special regulations).

Requirements for an H-3 Visa:

The applicant must document the following in order to obtain the H-3 visa:

Non-immigrant intent, i.e. a firm desire and intent to return to the home country after the authorized grant of stay
Strong Home Ties
The training must be unavailable in the foreign national’s home country
The applicant cannot be placed in a position that would normally be held by a U.S. worker
No “productive employment” is allowed unless it is incidental to training and necessary for preparing the applicant to perform that position outside of the U.S.

What will Result in an H-3 Visa Denial:

H-3 Visas are not allowed when:

The training is too general or has no objective means of evaluation
The training is incompatible with the employer’s business
The applicant already has substantial expertise in the training area or subject matter **This is especially important for those applicants already in a training program: be able to show the training is substantially different.
It is unlikely that the training will be used outside of the U.S.
The training will result in productive employment, meaning the training involves functions, responsibilities, duties and schedules that are the same as a U.S. Worker regularly employed at the training site
The business does not have sufficient physical plan and personnel to conduct the training
The training is designed to extend time granted for training a foreign student
The training is intended to recruit workers for the company

The Importance of Non-Immigrant Intent:

The U.S. Consulate will deny any visa application where they think an applicant is going to overstay their trip to the United States. Non-Immigrant intent means that the applicant has no intention of remaining in the U.S. past the time allowed by the U.S. government. An applicant proves non-immigrant intent through behavior, detailing the reason for the trip, providing convincing documentation of this purpose (wedding invitation, business meeting confirmation) and demonstrating strong home ties.

Definition and Importance of Strong Home Ties:

Strong Home Ties are people, things or circumstances that bind you to your home country. Strong Home Ties include owning a business; longstanding employment; minor children; a large family unit; business, religious and social memberships; ownership of houses, boats, cars.

The U.S. Consulate will not issue an H-3 visa to anyone who cannot demonstrate strong home ties. According to their logic, if a person has strong home ties, this means he or she will not want to remain in the U.S. longer than the time period given by DHS. However if a person cannot show strong home times, that person presents a much larger risk of an overstay violation once inside the United States.

Procedures to Obtain H-3 Status and an H-3 Visa:

There is a two step process for applicants who are outside the United States. First the employer files an H-1B petition with DHS inside the United States. Once the application is approved, the file is sent to the U.S. Consulate in the applicant’s country of origin for further processing. The applicant then applies for the H-e visa at the U.S. consulate in their home country.

The U.S. Consulate normally issues a multiple entry H-3 visa that is good for the approved period of the training program. This visa means the recipient may apply for entry to the United States within the time periods listed on the H-3 visa. This visa does not guarantee entry to the United States. This visa does not determine the length of time a person may remain in the United States. All this visa does is allow the recipient to ask for entry to the United States at the port of entry (airport, seaport, land entry). At the port of entry, a DHS officer will then determine if the applicant is allowed to enter the U.S. and for how long. The officer will note the visa category and the final day of authorized stay on an I-94 card and then staple this card into the applicant’s passport. The H-3 visitor must leave the U.S. by the date listed on the I-94 card unless having applied for an extension or change of status to a new non-immigrant visa category.

For those applicants lawfully in the United States, the employer files an H-3 petition with DHS indicating a request to change the applicant’s status. The applicant does not need to depart the U.S., instead automatically switches to H-3 status on the start date indicated on the DHS approval notice.

Other Business Visas That Might Apply:

In addition to H-3 visas, DHS also grants work permission to foreign workers with bachelor’s degrees, business immigration visas to investors, intra-company transfer employees and applicants seeking on-the-job training. Some categories require a bachelor’s degree, but several work visas exist for those lacking a four year college level degree. For more information about these business immigration visas, please read these articles:

If you think you need a lawyer to handle your immigration case, please contact Ms Troy to arrange a consultation to discuss your options. Located in San Francisco, Attorney Christine Troy can help guide you through the various legal processes and resolve any issues regarding your case. Ms. Troy works on cases in San Francisco, the San Francisco Bay Area, Northern and Southern California, across the United States and internationally.

If you think you need a lawyer to handle your immigration case, please contact Ms Troy to arrange a consultation to discuss your options. Located in San Francisco, Immigration Attorney Christine Troy can help guide you through the various legal processes and resolve any issues regarding your case. Ms Troy works on cases in San Francisco, the San Francisco Bay Area, Northern and Southern California, across the United States, and internationally.

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