Explaining The H-3 Trainee Nonimmigrant Visa Classification

The H-3 visa permits foreign nationals (FNs) from any country to come to the United States to participate in a training program with a U.S. employer.

The U.S. employer must demonstrate that:

• The proposed training is not available in the FN's own country;
• The FN will not be placed in a position which is in the normal operation of the business and in which citizens and resident workers are regularly employed;
• The FN will not engage in productive employment unless such employment is incidental and necessary to the training; and
• The training will benefit the FN in pursuing a career outside the United States.

H-3 VISA REQUIREMENTS

In order to receive an H-3 visa, the U.S. employer files an H-3 petition with the appropriate U.S. Citizenship and Immigration Services (USCIS) regional service center. The petition must include a statement which: