Temporary (Nonimmigrant) Visas

H-3 Training Programs

Temporary workers invited to receive instruction and training other than graduate medical education or training. The training program must not be one that is designed primarily to "provide productive employment." The trainee must return to their foreign residence.

General

Application Procedure

The employer must file a petition with the INS in order to bring the foreign employees to the US for the training program. The training program visa will be approved for a maximum period of stay of two years. Once the petition to the INS is approved, the alien must take the approval notice to a US consulate abroad to obtain their H-3 visa

The nonimmigrant visa petition for H-3 status includes the following:
1) INS Form I-129 and H Supplement (in duplicate, with original signatures on both copies)

2) Company letter to support the petition (in duplicate)

The Company letter should describe the training program and its objectives, along with the particular knowledge the alien is expected to gain from participation in the program. The letter should also set forth the alien’s qualifications and job responsibilities. The employer should emphasize how the training program will enhance the alien’s knowledge and capabilities. The employer must state that the proposed training program is unavailable in the alien’s country of residence, and that the alien will not be displacing any US workers. The letter should set forth with particularity the length of the proposed training program, and the length of the alien’s stay in the US (not to 
exceed two years). The support letter should stress the temporary nature of the alien’s stay and that the company is not intending to offer the alien a position in the US. 

3) Supporting documents, including a detailed description of the company’s training program (all documentation must be submitted in duplicate, with certified translations if documents are not 
     in English)

The supporting documentation should include evidence of the existing training program, set out with particularity, in the form of a printed company brochure or a detailed, extensive outline. The information regarding the program must include the history of the training program, including the number of prior H-3 aliens that have participated and the purpose of the program. Also included should be a brief description of the type of trainee that the company seeks to bring into the program and the length of time that the program is expected to take, including specific starting points and ending points.

The supporting documentation should also cover the proposed activities of the alien during the training program, and a breakdown of the amount of time to be spent in each particular activity, the objective of the training in each area, what amount of supervision will be provided in each area, and any academic instruction that will be provided.

There should be a description of any instructional or background materials that are to be provided to the trainee during the course of the program, and a schedule of any additional seminars or lectures that the trainee will be attending.

The supporting documentation should include the credentials of the alien sought to attend, and a statement of the benefit of the program both to the trainee and to the sponsoring company should be explained. 

4) Filing Fee of $110
5) Form G-28 Notice of Appearance of Attorney or Representative
6) If an expedited visa is required, the attorney’s cover letter must request that 
     the notice of approval of the visa is cabled to the consulate involved, describing the circumstances that require that the notice of the approval be sent to the consulate by cable. No additional fee for this service is required if it is requested at the time of the initial filing of the petition, however, if cable notification is requested after the petition is approved, there is a $120 filing fee, and the request must be submitted on Form I-824.

Change of Status

Once the alien has been in the US for two years under the H-3 category, he or she cannot return to the US in either the H or the L categories unless she has been physically outside the United States for the preceding six months. 

If the alien is already in the US on another nonimmigrant visa, the alien may apply for a 
change of status to the H-3 category.

Application Procedure for Change of Status to the H-3

1) Form I-129 and H Supplement
2) The same evidence must be included as is required for an initial H-3 petition
3) Copy of the principal alien’s I-94
4) Filing Fee of $110
5) If family members in the US are concurrently filing for change of status, a separate application for change of status must be filed including all family members, to be filed with the H-3 application. Form I-539, and a separate filing fee of $120 are required.
6) G-28 Notice of Appearance of Attorney or Representative (if the alien is represented 
by counsel - must be signed by the employer)

Persons who are out of status may only apply for change of status to the H-3 category from outside the US, in the country of the alien’s residence or nationality. A third country will only process visa applications when there are “extraordinary circumstances” warranting this

Extensions of Stay 

The request for an extension of time raises doubts that the training program was qualified at all for H-3 criteria, however if the circumstances are such that an extension is appropriate, the additional training that the alien is to receive should be described in detail in the extension application. However, if the alien has been present in the United States for the authorized stay of two years, an extension may not be approved. Once the alien has reached this time limit, the alien must reside outside the United States for at least six months, before the alien can return to the US in either the H or the L visa categories. 

Even if the alien’s stay is extended, the first time the alien leaves the US, the alien must obtain a new H-3 visa, with the exception of trips made to Canada or Mexico for 30 days or less. In such cases, the alien may simply show the Form I-94 with extension of stay stamp. The alien should keep the I-94 and not surrender it at the border.

If the H-3 alien would like to obtain a new H-3 visa (to reflect the extension of stay) at a US consulate, he may file Form I-824 and a filing fee of $30 to the Service Center which approved the extension.

Application Procedure for Extensions of Stay

1) Form I-129 and H Supplement
2) Copy of the approval notice of the original petition
3) Company letter in support of the extension
4) Copy of the Form I-94
5) Filing Fee of $110
6) Form I-539 including the family members of the alien
7) Copy of form I-94 for each family member
8) Filing Fee of $12