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How can a foreign resident acquire an H-3 visa?

On Behalf of | Jan 11, 2023 | Visas |

Some residents of other countries do not seek permanent residency in the United States. However, they may have reasons for a temporary visit to the country, such as job training to help build a career. This is where an H-3 visa could be of assistance.

The U.S. Citizenship and Immigration Services website explains what a foreign resident must do to qualify for an H-3 visa.

Eligible work fields

A prospective H-3 trainee must receive an invitation from a U.S. organization or employer to come to the U.S. to undergo training. Foreign visitors may seek training in just about any field except for graduate-level medical education. Additionally, the trainee must intend to pursue a career outside of the U.S.

H-3 visa requirements

A U.S. organization or business has to make a case for a foreign resident to receive an H-3 visa. One stipulation is that the trainee cannot receive the necessary training in his or her home country.

In addition, the foreign visitor will not take up normal business tasks occupied by U.S. citizens or permanent residents. Also, the trainee cannot conduct productive employment except if the training requires it.

Training program

A U.S. employer must create a qualified training program for the trainee. The U.S. government may reject a program that fails to meet certain standards. For example, the program should have a specific schedule, a stated objective, and a method of evaluating the trainee. The program must also establish that the employer has the capability to carry out the training.

In sum, both a prospective trainee and a United States-based employer have their obligations if they are to convince U.S. immigration authorities to approve an H-3 visa.


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