H-3 visas are solely for training. They are not work visas. USCIS will examine all applications for H-3 visas to ensure that they are not being filed to enable the person to engage in actual employment under the guise of a training program.
What Are the Requirements for H-3 Visas?
- The petitioner must establish that the proposed training is not available in the intended H-3 person’s country.
- The petitioner must not place the H-3 person in a position that is in the normal operation of business and in which US Citizens and green card holders are regularly employed.
- The petitioner must establish that the intended H-3 person will not engage in productive employment, unless that employment is incidental and necessary for the training.
- The petitioner must establish that the training will benefit the intended H-3 person in pursuing a career outside the US.
- The petitioner must describe the type of training and supervision to be given, and the structure of the training program.
- The petitioner must establish the pontion of time that will be devoted to productive employment.
- The petitioner must show the number of hours that will be spent on classroom instruction, as well as those spent in on-the-job training.
- The petitioner must describe the career abroad for which the training will prepare the intended H-3 person.
- The petitioner must establish why the training is not available in the intended H-3 person’s country, and why it is necessary for that person to train in the US.
- The petitioner must establish the source of any remuneration received by the H-3 person and any benefit the petitioner will receive for providing the training.
USCIS will not approve an H-3 Visa if:
- the training deals in generalities, has no fixed schedule, objectives or means of evaluation;
- the training is incompatible with the petitioner’s business;
- the training is on behalf of a person who already has substantial training and expertise in the field of training;
- the training is unlikely to be used outside the US;
- the training will result in productive employment beyond that which is incidental and necessary for the training;
- the training is designed to recruit and train future employees;
- the petitioner fails to establish that it has the space and personnel to provide the training; or
- the training is designed to extend a student’s practical training beyond the previously authorized period of practical training.