H-3 Visa | Professional Training Visa
Companies that have training programs to educate individuals in a specific industry are able to sponsor foreign participants by obtaining the H-3 Visa. The H-3 visa allows foreign nationals to temporarily live in the United States for a specified period of time (the duration of their training) in order to train with a U.S.-based company in various occupations including commerce, agriculture, finance, government and business. It is important to note that individuals receiving medical training are not eligible for this Visa program.
In order to qualify for the H-3 Visa, an individual must be invited by an organization, company or American citizen for training which is not available in the foreign national’s home country. A detailed training plan with defined duration is required for processing the visa. Applicants seeking the H-3 Visa must file a petition proving that they will not be employed in the United States beyond what is necessary for their training and that the experience will benefit the trainee in pursuing a career outside the U.S. upon the completion of the program. Multiple applicants may be included in a single application to the United States Citizenship and Immigration Services.
The procedure for acquiring H-3 Visa involves the filing of a petition with the regional service center having jurisdiction over the place where the training will occur. The approval of such a petition is usually the basis for issuing the H-3 Visa. The foreign national must have a residence in a foreign country which s/he has no intention of abandoning. The foreign national must also be able to prove that he plans on returning to his home country, both at the time of application for the H-3 Visa and admission to the United States.
The period of admission is limited to two years and if the foreign national serves the full two (2) years as a trainee, she or he must remain outside of the U.S. for six (6) months before being eligible for certain immigration benefits. Although there is no cap on the number of H-3 Visas issued each year, it is important to consult with an attorney who has experience with business immigration to ensure the proper steps are taken in each phase of the application and petition process.