H-3 nonimmigrant trainee or special education exchange
The H-3 Visa is for training. It cannot be used as a way of getting a ‘work permit’ that is disguised as a training visa. Normally, this training visa will allow you to go back to your home country in order to use your skills in your country at a job over there.
This visa is for people who want to enter the United States to get trained for any number of different fields of endeavor. You do not go to a school on this type of visa, but rather, you get trained on the job at a company offering a training program.
Normally, the H-3 will last about 18 months. This allows you to be properly trained in whatever the particular area is that you have an interest in obtaining the training. However, ultimately, it is up to USCIS how much to actually give you and for how long
Part of the H-3 Petition which will be filed at USCIS will specifically be a comprehensive and detailed training manual showing the time spent on each phase, what it is to provide as far as training and how it will help you back home.
H-3 is Not a Work Permit
“If you do not qualify for the H-1B, then the H-3 might be a good alternative.”— Brian D. Lerner, California Immigration Lawyer
- There is no limit on the number of H-3’s given per year
- You can change your status in the U.S. to another visa if you need
- You can be paid a stipend (but not a salary)
- The training can be incident to work, but not the primary purpose of the visa
The H-3 will allow you to bring your spouse and your unmarried children under 21 years old to the U.S. as dependants. The will obtain H-4 derivative visas. Note that they cannot work and will need to apply for separate work visas should they want to proceed on that basis.
USCIS will grant or deny the H-3 Petition. Be sure when submitting that there is a valid training plan, you explain why it will be useful in the home country and how the persons intent to return to their home country after the H-3 is completed exists.
If you are inadmissible for some reason such as you committed a crime or fraud, then you must submit a Nonimmigrant Waiver of Inadmissibility at the U.S. Consulate when you apply for the visa.