The H-3 category is for temporary workers, including medical interns and nurses, and also for participants in a special education exchange visitor program.  This is a very handy visa to get approved as there is no cap; gives you 24 months in the States on a multiple entry visa.

What are the benefits of this visa classification:

• Unlike the J/Graduate visa, no degree or academic qualifications are necessary
• Unlike the H-1B visa, you can apply anytime for and there is no cap on the number of these visas issued by USCIS
• It is a trainee visa, however you can do incidental work and earn good money
• You can request up to 24 months
• You can apply for the H-3 trainee visa outside the U.S. or if inside can change status to the H3
• You can be trained in any field

It enables the applicant to receive instruction and training, not productive employment, unless the employment is incidental and necessary to the training.

Unavailability requirement:

The eligibility standard of unavailability in one’s home country is super important.  You cannot come to the United States and be trained in something that your home country also provides full training in.  You must be able to show the training you will receive inside the States is not available in your home country.  For example, there might be different products that are used in your home country versus the States.  The US Company may wish to train you in-house. There might be environmental concerns, so the training is different in your home country.  For example, in the construction industry the US may offer training including specific environment regulations not being trained in your home country. There could be a different way of training in your field in the U.S. than there would be in your home country.   Maybe the US Company is thinking of expanding operations in your home country.  There are many ways to show unavailability.

Training plan requirement:

A huge aspect of the H-3 training is your training plan. Our office has done many H-3 training visas successfully, we have formulated a very good template for the training plan based on the legal requirements. Without a correct training plan H-3 visas are difficult to get approved.  Listen to our audio on the H-3  and we can send you a training plan template.

Medical students, nurses qualify as H-3 externs:

A hospital approved by the American Medical Association, or the American Osteopath Association can petition to classify a student attending a medical school abroad as an H-3 trainee if the foreign medical student will engage in an externship during their medical school vacation.

Certain nurses are eligible for H-3 classification. A nurse is not just eligible for H-1B status. They also may qualify for H-3 classification if the nurse has a full and unrestricted license to practice professional nursing in the country where the nurse obtained their nursing education, or such education was obtained in the United States.

An H-3 participant in a special education exchange visitor program can petition for this visa:

The petition must be filed by a faculty that has a professionally trained staff and a structured program for providing education to children with disabilities and for providing training and hands-on experience to participants in this program.

Eligibility criteria for the H-3 petition for a trainee:

• The proposed training is not available in the applicant’s own country, their home country.
• The applicant, the beneficiary, will not be placed in a position that is in the normal operation of the business
• The applicant, the beneficiary, will not engage in productive employment unless such employment is incidental and necessary to the training; and
• The training will benefit the beneficiary, the applicant, in pursuing a career outside of the United States.

Our office often gets asked questions, for example, “Well, my degree is in, let’s say, accountancy, and a U.S. company wishes to petition me in their financial department.” Can I do an H-3 visa?  If you can show that what you will be trained inside the US you already do not have substantial knowledge in already then yes.  In our hypothetical example the US company may wish you to be trained in an aspect of accountancy that you don’t have much knowledge, experience in.  After speaking with Caro, she will review your resume and the US proposed training and advise if you meet the legal requirements to apply for the H3 visa.

I am physically outside the United States:

Once the H-3 petition is approved for the foreign national, the applicant who is outside the United States will then apply to have their visa interview at the appropriate U.S. embassy or consulate. Canadian citizens are exempt from visa requirements, and they may present the approval notice and a valid passport at the port of entry in order to be admitted in H-3 status.

Dual intent is not permitted under the H-3 category. The applicant must be able to show nonimmigrant intent at the visa interview, that he or she will not abandon their residence in their foreign country, and that he or she intends to depart the United States at the end of the training period.

Spouses and minor children of an H-3 nonimmigrant are granted H-4 status, and they may not engage in employment unless they qualify for their own nonimmigrant status permitting work.

Speak to Caro and learn do you qualify for the H-3 which is a great visa to use if you cannot get an H-1B or don’t have the funds for an E-2.