The Guide to the H3 Trainee Work Visa

The Guide to the H3 Trainee Work Visa

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The Guide to the H3 Trainee Work Visa
The United States offers a visa to foreign nationals that wish to enter the country for the purpose of completing a trainee worker program offered by a company or business in the United States. The trainee worker visa, or the H-3 visa, has specific pre-requisites and eligibility requirements in order to qualify in receiving an H-3 visa. In order to apply for a trainee worker H-3 visa, one must file Form I-129, Petition for Nonimmigrant Worker with the appropriate United States Citizen and Immigration Service center that has the proper jurisdiction for the location where the training program is to take place.

General requirements are that the applicant can not qualify for a trainee worker H-3 visa for the purpose of attending a graduate program or medical training in the United States. Furthermore, the trainee worker program that the applicant is interested must also not be available in the applicant’s own country.

A trainee worker may also gain the H-3 visa if he/she is considered to be a Special Exchange Visitor. A Special Exchange Visitor is an individual that seeks to enroll a trainee worker program for the purpose of gaining training for education of children with special needs or disabilities. This particular consideration is limited to only allowing 50 total foreign nationals a year for such a program. Under this particular program, the H-3 visa is only granted for a total of 18 months, which differs from the standard two years under other types of trainee worker programs.

Other qualifications for the trainee worker H-3 visa may consider the type of trainee worker program that the applicant is wishing to undertake. Areas such as commerce, finance, government, and agriculture are typically the most commonly considered by the United States. However, proof will be needed that such trainee worker program is necessary in order to advance the applicant’s career in his/her home country or outside of the United States.

There also certain limitations to consider when applying for a trainee worker H-3 visa. The H-3 trainee worker visa only allows its holder to work or train with that particular company which is meant to provide for the training. The actual employment by the company is not necessarily a major facet of the training program, for training itself is the sole purpose that the trainee worker visa is granted. The trainee visa will usually be granted for the length of the training program. However, the visa does have a two year limit.
Extensions of the H-3 visa may be granted, but cannot extend the imposed two year limit. For those wishing to stay beyond the two limit allowed by the trainee worker visa, they will have to seek a change of immigration status with the United States. However, the foreign national cannot seek the change of status until a total of six months have been spent outside of the United States after the trainee worker visa has expired.

Certain liberties are given to those holding the H-3 visa. A foreign national with a worker trainee program may be eligible to take college credits while his/her stay in the United States. However, it cannot be done so on a full-time basis or enrollment. Furthermore, such courses should be used to supplement the training that he/she is participating while in the United States.

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