The H-3 visa is designated for individuals who will come to the US to participate in a training program. There is no numerical limit to the number of H-3 visas issued. In order to qualify the H-3 visa, the petition must evidence the following:
- the proposed training is not available in the beneficiary’s home country;
- the beneficiary will not be placed in a position which is in the normal operation of the business, and in which citizens and resident alien workers are regularly employed;
- the beneficiary will not be productively employed except as incidental to training; and
- the training will benefit the beneficiary in pursuing a career outside the US.
Spouses and children of H-3 visa holders may enter and remain in the US in H-4 status. H4 visa holders may attend school in the US but cannot accept employment.
Foreign nationals to receive training which is not available in their country.
The H-3 trainee is a nonimmigrant who seeks to enter the United States at the invitation of an organization or individual for the purpose of receiving training in any field of endeavor, such as agriculture, commerce, communications, finance, government, transportation, or the professions, as well as training in a purely industrial establishment. This category shall not apply to physicians, who are statutorily ineligible to use H-3 classification in order to receive any type of graduate medical education or training.