July 1st, 2011 by Eleanor Gaskin
To obtain a H3 visa, the sponsoring US company or government agency has to submit :
- Description of the training program which the foreign national wishes to undertake. The description should mention the number of hours per week the trainee will be involved in classroom training and the number of hours per week that the trainee will be involved in on-the-job training.
- Details of the foreign national’s previous training and experience.
- Undertaking that the foreign national will be trained without the intention of eventual employment in the US.
- Explanation of why the foreign national’s training is needed and why the foreign national can’t take the training in his/her home country.
- Explanation of how the training will be of help to the foreign national in pursuing his/her career in his/her home country.
- Explanation of how the employer will pay for the cost of providing them the training without actually employing the foreign national.
For a “special education” H3 visa, the US employer is required to submit a description of the training the foreign national will take and also a description of the staff and facilities where they will be trained. In addition, the US employer must show that the foreign national is:
- nearing the completion of a baccalaureate degree program in special education or
- that they already have a baccalaureate degree in a special education program or
- that they have experience in teaching children with physical, mental, or emotional disabilities.
The H3 visa application will not be approved unless an actual training program already exists that is currently implemented by the US employer. It would be helpful if the US employer can submit evidence that they have trained individuals before and/or that they are currently training individuals in the area in which the H3 visa applicant wishes to get trained. The program must be structured per USCIS specifications. The US employer should submit evidence of an organized curriculum, supported by formal materials, books, a syllabus, and a mode of evaluation of the trainee.
The program should resemble the employer’s business and must be compatible to the foreign national’s business. The training program should impart knowledge or experience that is not available in the foreign national’s home country.
H3 Visa Trainee Requirements
To be eligible for an H3 Trainee Visa, it is important the foreign national has not already completed substantial training or have expertise in the field in which they are seeking H3 training. The main purpose of the H3 visa is to provide training in an area that it is not possible to obtain in the applicant’s home country. This type of training cannot just be an enhancement of previously acquired skills.
There are many different reasons an applicant may be considered inadmissible. It is important to understand these reasons or “grounds for inadmissibility” in deciding how or if applicants should continue down the path of trying to obtain an immigrant visa. If applicants are found to be inadmissible, their visa application will be rejected.