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H-3 Trainee Visa Application Process May be Streamlined

Among the various non-immigrant visas available to foreigners who wish to enter the United States, one of the least known is the H-3 entry and permanence permit for trainees. The H-3 visa allows foreign workers to enter the U.S. and participate in a vocational, on-the-job training program that is not available in the home country of the applicant. Although there are no formal limits in place insofar as the number of H-3 visas that may be granted, globalization has actually reduced the number of applicants.
Although there are no time limitations promulgated by USCIS with regard to the H-3 visa, the sponsoring individual or organization must specify in the petition when the program will begin and end. Since the burden of the H-3 visa falls squarely on the sponsor, it is highly recommended to retain the services of professional San Diego immigration lawyers who deal specifically with the topic of immigration and can provide proper guidance.

An example of an applicant who may qualify for an H-3 visa would be a physician who is seeking to practice in a specialty that is not available in his or her country, as long as the training can be put to use for the advancement of the profession and the benefit of society. Other applicants may include special education students in an exchange program since this is a field of education that differs greatly from one country to another.

Although the H-3 non-immigrant trainee visas are not as commonly processed as others such as the H-1B and the O-1, they are part of the streamlining project currently underway at several U.S. consulates and embassies around the world. H-3 trainees must be invited by American individuals or organizations willing to extend training, but not employment. Some of the fields of training may include health sciences, agriculture, finance, information technology, and communications. Click here to learn more about other temporary employment visas.

The first and foremost requirement of the H-3 visa is for an individual or organization in the U.S. to obtain the proper classification. To this effect, a petition must be tendered to the U.S. Customs and Immigration Services (USCIS); this petition must prove, among other things, that the intended training to be granted is not available in the visa applicant’s home country, that the trainee will not be put to work, that any remuneration given to the trainee must accrue to the sponsor, and others.

Interested in learning more about the H-3 visa or other types of temporary employment visas? Reach out to Kazmi and Sakata Immigration Law Firm today at 858-874-0711 and schedule a free immigration consultation with one of our professional immigration and nationality attorneys.

July 2024