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H-3 Training Visas

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The H-3 Temporary Training Visa is a temporary non-immigrant visa that allows a foreign employee to come to the United States for specialized training. The Houston Immigration Attorneys at Garg & Associates can help you obtain an H-3 Visa fast and efficiently. When applying for an H-3 Visa, there are a number of restrictions. For instance, the type of training may not be available in the home country of the foreign employee. The objective of the H-3 Visa is to provide a means for the foreign employee to increase his or her knowledge and skills, thus making him or her more valuable to the company's operations in the foreign country. The key point to remember here is that the purpose of the program is to train the foreign employee and not to enhance the employer's situation.

As with most temporary visas, the H-3 Visa has special restrictions. These restrictions are adhered to in the most stringent manner, and thus many H-3 applications are denied by the INS (Immigration and Naturalization Service). Some of the reasons for denial of the visa might include:

  • The training program is not structured properly, or
  • There is too much on the job training and not enough classroom training, or
  • The training program is indeed available in the alien's home country, or
  • There is not good use of the training for the alien's job in his or her home country.

The INS wants to ensure that aliens are not just using this type of visa to come to the United States.

When determining whether to approve an H-3 application, the INS goes through an extensive investigation, assessing several factors. The INS will look at how the training program is structured, and further, look at any written material describing the program, such as a syllabus, workbooks, and the manner in which the trainees are evaluated. In addition, the actual portion of the training time that is attributed to productive employment, the number of hours that are spent obtaining classroom training versus on the job training, and whether the on the job training is without supervision, and the specifics about the position that the foreign employee will fill when he or she returns to his or her home country. The important thing to remember here is that a training program must have some new instruction. If the training program does not have anything new to add, then it will not qualify for H-3 purposes.


Process for Filing a Petition for an H-3 Visa

A petition must be filed with the INS by the U.S. company on behalf of the alien employee in order to bring him or her to the U.S. to take part in the training program. If the petition is approved, then the alien employee has to take the approval notice to an American Consulate Office in his or her home country to obtain the H-3 Visa. If the alien employee is already in the United Status under some other status, with some other employer, then he or she will also have to file an adjustment of status application in addition to the U.S. company's H-3 petition.

Common questions that people ask include how long the foreign employee can stay in the United States under this category. The maximum number of years that the employee can stay in the U.S. for the temporary training program is two years. It is very important to note that once the alien has resided in the U.S. for two years under this H-3 classification, he or she will not be able to change his or her status or return to the U.S. under H or L non-immigrant classifications unless he or she was outside of the U.S. for the preceding six months. The petitioning U.S. employer will have to prove that the alien resided outside of the U.S. for a period of six months, prior to filing an H or L petition.


Limitations on H-3 Visas

Additionally, there are some special limitations with regards to the H-3 Visa. First of all, the alien employee cannot participate in productive employment under the training program if it would displace qualified American workers. Secondly, the spouse and minor children of the alien employee may accompany him or her to the U.S. under something called an H-4 status. However, the spouse may not work under this category.

If you or someone you know is need of family law services, please do not hesitate to call Garg & Associates at 281-362-2865 for a consultation today or use our Contact Form.

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