H-3

The H-3 visa allows foreign nationals to attend training in the United States. The foreign national is not allowed to receive any graduate medical education or training, must prove that he or she needs the requested training to advance his or her career outside of the United States, and that the training requested is not available in his or her home country. In addition, the employer that petitions for the foreign national must submit a written training program explaining the necessity and specialty of the offered training, and evidence that the training is highly structured and organized. The employer must also show that the training will not result in productive employment in the United States, and that the foreign national is being trained for a position in his or her home country. The spouse and unmarried children under the age of 21 are allowed to join the foreign national in the United States in H-4 status. However, family members are not permitted to work while in the United States.

STEPS

The employer must file a petition, Form I-129, on behalf of a foreign national. The employer must provide certain evidence about the training as described above. Once the petition is approved, the foreign national will apply for a visa at the U.S. Consulate in his or her home country.

DOCUMENTS

To apply for an H-3 Visa, the employer must provide the following documentation:

  1. Form I-129;
  2. A written training program explaining the necessity and specialty of the offered training, and evidence that the training is highly structured and organized;
  3. Evidence that the training will not result in productive employment in the United States, and that the foreign national is being trained for a position in his or her home country;

To apply for an H-3 Visa subsequent to the approval of Form I-129, a foreign national must provide the following documentation:

  1. Evidence that he or she will not receive any graduate medical education or training;
  2. Evidence that he or she needs the requested training to advance his or her career outside of the United States;
  3. Evidence that the training requested is not available in his or her home country;
  4. Additional documents and Visa Application Fees as determined by the U.S. Consulate or Embassy abroad.

FREQUENTLY ASKED QUESTIONS

LEGAL SOURCES