The H-3 visa is for an alien coming to the United States to receive training from an employer in any field other than graduate education or training. When an application is made in this category, the employer must state that the training is not available in foreign nationals, and why it is necessary for the alien to take training in the U.S. The training program may consist of formal classroom training with written materials and study guides, and the training may also contain a component of "hands-on" on-the-job activities, so long as those activities are merely incidental to the training program, do not constitute "gainful employment", and do not by-pass or displace U.S. workers or the availability of an employment position for a U.S. worker.

In addition to the general requirements for admission, the employers must meet the following requirements:

• Receiving no graduate medical education or training in the U.S.
• Not have the opportunity to receive this kind of training in his/her home country.
• Needs this traineeship to advance his/her career outside the U.S.

To make the application successful, the employer has to submit a training program explaining the necessity and specialty of this traineeship by showing:

• That the training won't result in productive employment.
• That it is highly structured and organized.
• That the alien beneficiary is trained for a position abroad but not necessarily for one with the U.S. employer.

There is a time limit of two years for the initial issue of an H-3 visa. Usually, it is issued for the time of the traineeship. It means that the approval could be only for several months to one year. If the alien stays in the U.S. for a full two years, he/she has to leave the U.S. for six months in order to receive a new H or L visa.

There are some other specific requirements on H-3 visa. For more information, please Contact Xielaw.