H3 Trainee Visa: Forms and Requirements

What is anH3 Trainee Visa?

AnH3 Trainee Visais a form of expressed permission allowing an individual to legally and lawfully enter the United States through the desire to receive professional training by a company or business existing within the United States; this permission is granted by the governmental immigration department controlled by that specific country. Although H3 Trainee Visasdiffer in description, duration of time allowed for temporary residence, as well as the stipulations listed within the visa itself, the satisfaction of specific visa applications and requirements are mandatory prior to obtaining an H3 Trainee Visa.

H3 Trainee Visa Allowances

An H3 Trainee Visa can be granted to those individuals who wish to enroll in a training program that is offered in the United States that is not offered in their country of origin:

• The individual applying for an H3 Trainee Visa can do so in the event that specific training is required for the advancement of their respective career(s)

• The individual applying for an H3 Trainee Visa can do so in the event that they will not be employed during their stay in the United States unless employment absolutely imperative to the success of the training program

• The individual applying for an H3 Trainee Visa can do so in the event that the training program offered does not expressly employ citizens of the United States or resident aliens

• The individual applying for an H3 Trainee Visa will be able to enter and depart from the United States on a continuous basis

• The recipient of an H3 Trainee Visa will be able to invite spouses and children under the age(s) of 21 to accompany them for the duration of their stay


H3 Trainee Visa Prohibitions

An H3 Trainee Visaapplicant cannot:

• Apply for an H3 Trainee Visa in the event that they wish to receive medical training

• Apply for an H3 Trainee Visa in the event that they wish to enroll in a graduate program

• Apply for an H3 Trainee Visa in the event that an identical training program is available in their country of origin

H3 Trainee Visa Required Forms

The following are the forms required to be completed upon applying for an H3 Trainee Visa; these forms can be attained at the United States Citizenship and Immigration Services Bureau by contacting them at their toll-free telephone number (800) 375-5283.
Form I-129H: This form must be completed by the employer(s) sponsoring the applicant for the H3 Trainee Visa.

1. Form Size: 26 pages (instructions are included)

2. Filing Location: United States Citizenship and Immigration Services Bureau
3. Filing Fee: $325

Form I-797: This form is the application for the approval and validation of the petition put forth by an individual desiring to enter the United States; this form is a notice of action, and should be kept in a safe place.

1. Form Size: 1 page

2. Filing Location: United States Citizenship and Immigration Services Bureau explains that a recipient of the I-797 form should receive the form in 10 business days; the USCIS encourages individuals who do not receive their forms to contact the UCSIS for assistance.

3. Filing Fee: None

H-4 Visa: Family members of the applicant for the H3 Trainee Visa, which includes spouses and children under the age of 21, must apply for H-4 status.

Additional H3 Trainee Visa Requirements

The following requirements are necessary upon applying for anH3 Trainee Visa:

• A copy of a valid passport

• Two color photographs, which are identical in appearance

• Documentation of employer sponsorship

• A description of training program for which the individual is applying

• Documentation reflecting unavailability of the desired training program within that individuals country of origin

H3 Trainee Visa Legal Assistance

The parameters and protocols surrounding both the application and approval process vary in the case of every H3 Trainee Visa application; all government forms should be completed to the fullest extent in a meticulous fashion. In the event that an individual experiences difficulty completing – or understanding – the requirements of an immigration form, they are encouraged to consult an attorney specializing in immigration, employment, education, and international law.

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