THE HOLT LAW GROUP

H-3: TRAINEES

The H-3 category is for aliens coming to the U.S. to receive training in any field other than graduate education or training. H-3 allows individuals to receive classroom and on the job training. Work provided to the alien must be incidental to the training and not a principal purpose.

The training must be unavailable in the foreign national’s home country and the program must be documented to the CIS. The foreign national must have a foreign residence to which he or she will return. The stay may be for a period of up to 2 years. An individual who has remained in the U.S. for 2 years may not seek a change of status, extension or readmission in H or L status until residing outside of the U.S. for at least 6 months.

Application Procedure:

Documentation must establish the nature and purpose of the training as well as documenting the foreign national will return to their home country.

Documentation Requirements:

Documentation depends upon the individuals involved, the training program and its purpose. The following is a general list of requirements:

1. A complete description of the training program, and the purpose of the program;
2. A description of the prior training and work experience of the alien and a description of how the program will enhance the career path of the alien;
3. A description of training available in alien’s country, how the training will be paid for and type of relations between the foreign national and the employer.

Accompanying Dependents:
Spouses and unmarried children under age 21 of an H-3 visa holder are entitled to an H-4 visa and the same length of stay as the principal. The spouse and minor children cannot work, but are entitled to attend school.