H-3 Temporary Trainees
H-3 visas permit an individual to enter the U.S. to receive training that is not available in the individual’s home country, and that will aid the individual in pursuing a career outside of the U.S. H-3 trainees must not be placed in positions in which U.S. citizen and resident workers are regularly employed, and can only engage in productive employment if it is incidental and necessary to the training.
H-3 training programs must include the following elements:
- the kind of training to be given;
- the proportion of time that will be devoted to productive employment;
- the number of classroom instruction hours;
- the number of hours in on-the-job training, both supervised and unsupervised;
- the position for which the training will prepare the individual;
- the reason why the individual cannot obtain the trainee in his or her country of origin and why the training must be given in the u.s.;
- the reason why the training program is a benefit to the petitioning company; and
- the source of remuneration received by the trainee.
An employer that desires to sponsor an H-3 trainee must file a petition with U.S. Citizenship & Immigration Services (USCIS). H-3 petitions can be filed with a request for premium processing, which guarantees a response from USCIS within 15 days upon payment of an additional $1000 fee and allows immigration counsel or the petitioner to make direct contact with USCIS concerning the case. Regular processing usually takes several months, although the time frame depends upon the current processing times for each USCIS Service Center.
H-3 trainees are admitted for the length of the training program, up to two years. No extension, change of status, or readmission will be granted unless the H-3 trainee has resided out of the U.S. for six months. This rule does not apply if the training is seasonal, intermittent, or lasts for less than six months.