Company Trainee (H3)

Overview

The H-3 non-immigrant visa applies to people coming temporarily to the U.S. to participate in a training program. It also applies to practical training in the education of handicapped children.

Period of Stay

The H-3 visa has a validity of 18 months to two (2) years.

Eligibility Requirements

The petitioning employer or sponsor must demonstrate that:

* the proposed training is not available in the beneficiary’s home country;
* the beneficiary will not be placed in a position which is in the normal operation of the business, and in which citizens and resident alien workers are regularly employed;
* the beneficiary will not be productively employed except as incidental to training;
* the training will benefit beneficiary in pursuing a career outside the U.S.

Premium Processing

The BCIS offers an expedited 14-day service for an additional fee of $1,000.00. Regular processing currently takes about 12-14 weeks. The advantage of Premium Processing is speed. The disadvantage is that in order to expedite a case within the 14-day deadline, the BCIS does not have adequate time to request additional information to clarify any ambiguities in the petition. Therefore a denial is far more frequent in Premium Processing cases than with Regular Processing. We will provide you with a legal opinion as to the merits of Premium Processing in your particular case.

Family Members

With the exception of "Q-1 Cultural Exchange Visitors," the spouse and unmarried, minor children of an applicant under any of the above classifications may also be classified as nonimmigrants in order to accompany or join the principal applicant. A person who has received a visa as the spouse or child of a temporary worker may not accept employment in the United States. The principal applicant must be able to show that he or she will be able to support his or her family in the United States.