What is the purpose of the H-3 visa?
A U.S. company can petition for an individual so that he or she may enter the U.S. for the purpose of receiving training in any field of endeavor, such as commerce, agriculture, government, professions, finance, agriculture, or in an industrial establishment. This training program must be provided by the U.S. company who will petition for the alien. Physicians are statutorily ineligible to qualify for the H-3 classification to receive any type of medical training or education.

What are some of the requirements for the petition by the U.S. Company?
The U.S. company is required to demonstrate:

• The proposed training in the U.S. is not available in the alien's own country;
• The alien will not be placed in a position in the normal operation of the business in which citizens and resident workers are regularly employed;
• The alien will not engage in productive employment unless such employment is incidental and necessary to the training; and
• The training will benefit the alien in pursuing a career outside the U.S.

Where should the petition be filed?
The U.S. company may file a petition on behalf of the alien with the INS Service Center having jurisdiction over the place where the training will take place.

What is the next step once the petition is approved by INS?
If the alien is outside the U.S. when the petition is approved, he or she may submit a nonimmigrant visa application with the U.S. consulate (Form OF-156).

Can an alien with H-3 status bring his or her spouse and children to the U.S.?
Yes. The alien's spouse and children may apply for an H-4 Visa at the U.S. consulate.

Are the alien's spouse and children allowed to work in the U.S. while in H-4 status?
No. H-4 dependents are ineligible to receive employment authorization from INS.

Disclaimer:
The information contained herein is intended for general informational purposes only. It is not intended as legal advice. You must consult with an attorney to obtain specific, comprehensive legal advice. Please note that information as well as government fees are subject to change without notice. For current fees and information contact the respective government agency directly.