How to make sure an H-3 Visa is approved?

To assure an H-3 visa petition approval for a trainee, following should be included in the training program:

  • Describe the type of training and supervision to be given, and the structure of the training program.
  • Proportion of time that will be devoted to productive employment. So productive employment should be minimal because H-3 should be training instead of performing work that could displace US Citizens/Lawful Permanent Residents.
  • Number of hours that will be spent in classroom instruction.
  • Number of hours that will be spent in on –the-job training, both supervised and unsupervised. Unsupervised work, however, should be minimal. Supervised work should be oriented towards training.
  • Describe the career abroad for which the training will prepare the H-3. This should also describe the position and duties. This must prepare H-3 for work that is not available or is new in country where they will work.
  • Reason why such training cannot be obtained in H-3’s home country and why it is necessary for H-3 to be trained in the United States. It is important to show that such a training
  • Must show that the program does not exist in H-3’s home country, and it is unique to the degree that it does exist in the United States, and not readily available in any other country.
    Source of any remuneration received by the H-3.
  • How the employer/organization will benefit by providing the training to the H-3.

When would an H-3 Training Program not be approved?

An H-3 training program is unacceptable and cannot be approved if it:

  • Deals in generalities with no fixed schedule, objectives or means of evaluation.
  • Is incompatible with the nature of the petitioner’s business or enterprise.
  • Is on behalf of a foreign national who already possess substantial training and expertise in the proposed field of training.
  • Is in a field in which it is unlikely that the knowledge or skill will be used outside the United States.
  • Will result in productive employment beyond that which is incidental and necessary to the training.
  • Is designed to recruit and train foreign nationals for the ultimate staffing of domestic operations in the United States.
  • Does not establish that the petitioner has the physical plant and sufficiently trained manpower to provide the training specified.
  • Is designed to extend the total allowable period of practical training previously authorized a nonimmigrant student.

What is the approval criteria of an H-3 Trainee Program?

Regulatory Criteria for H-3 Trainee(s)

In order to obtain H-3 classification, a U.S. employer or organization must demonstrate that:

  • The proposed training is not available in the H-3’s home country.
  • H-3 will not be placed in a position which is in the normal operation of the business and in which U.S. citizens and resident workers are regularly employed.
  • H-3 will not engage in productive employment unless such employment is incidental and necessary to the training.
  • The training will benefit H-3 in pursuing a career outside the United States.

H-3 Visa for Trainees

The H-3 non-immigrant visa category allows foreign nationals coming temporarily to the United States as either a:


  • Trainee to receive training in any field of endeavor, other than graduate medical education or training, that is not available in trainee’s home country.
  • Trainee should be invited by an individual or an organization.
  • The training must be one that is not designed primarily to involve productive employment.

Special Education Exchange Visitor

Special Education Exchange Visitor will participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.