Visa dictionary

The Trainee status (job training) is possible for two very different groups of people.

(1) Special education programs for the education of children with physical, mental or emotional disabilities

(2) Programs for politics and business

e.g. in the fields of finance, administration, industry and communication. Visas for participants in this programs are treated as work permits since they have many characteristics of regular employment such as regular working hours, and payment of wages by an American employer.

Program sponsors of special education programs are usually institutions with a specially trained teaching staff and a structured teaching program with high practical and theoretical portions. Program sponsors for programs for politics and business are private or public institutions. One important requirement for qualification is the proof that the desired training program is not available in the applicant's home country.

Entry requirements

...for special education

The requirement for this visa is a bachelor's degree, a higher degree in the field of special education (or being close to a degree in the field) or proof of a different extensive training or teaching experience with children with physical, mental or emotional disabilities.

EXAMPLE: Anne, who is teaching dyslexic children in Berlin to read, is hoping to spend half a year with an American foundation for dyslexia in order to learn new American methods for teaching in this field. Anne has a Magister (German graduate degree) in special education from a university in Berlin that has been evaluated to be the equivalent of a bachelor's degree. With all of this, Anne qualifies for the H-3 visa.

...for politics and business

In order to qualify for the trainee visa for politics and business, the applicant has to fulfil the requirements specified by the respective training program.

EXAMPLE: Susie has a Bachelor's degree for business of the University of Linz. As a preparation for her career in commodity futures trading, Susie would like to participate in a training program offered by the company Corn & Corn Inc., a commodities trader in Chicago. The program requires the participants to have a college degree and to be interested in commodity futures trading. Under these circumstances, Susie qualifies for the H-3 visa.

Obtaining the Visa

a) Steps for the institution

H-3 Petition The first step towards obtaining the H-3 Visa is submitting the official petition to the INS. This petition is filed with form I-129 "Petition for a Non-Immigrant Worker" and will be submitted to the INS office responsible for the institution's region. Form I-129 is a standard form, used for most job-offer related non-immigration petitions. It is used for the H-3 application because the trainee status has many characteristics of regular employment. The application asks for many details about the American training institution and the foreign trainee. Furthermore, it asks for details about the program such as working hours and payment.

Whenever a trainee visa petition is submitted, the H-Classification Supplement should be submitted as well. This supplement is necessary to demonstrate that the training program is not available in the applicant's home country, describes the applicant's qualification required for the program in more detail and is supposed to prove whether the training will be beneficial to the applicant's career in his or her home country.

For participation in a special education program, petition and supplement have to be submitted together with a description of the training program and the teaching staff. In addition, the academic and/or working background should be added to prove the applicant's qualification (e.g. a copy of the university diploma). For the future participant in political or business programs, the petition must be submitted by the institution/organization financing or supporting the training. In the added forms, the training should be described in detail.

b) steps for the participant

Visa application Usually, INS will decide within a few weeks after submission on each H-3 petition. If the application is approved, the US employer will receive a written notification. You can ask US immigration to send another copy of that letter directly to the US consulate in the applicant's home country.

Afterwards, you can apply for the H-3 at your local US consulate (as an alternative, you can also apply for an adjustment of status in the US under certain circumstances). The visa application is the standard form for non-immigrant visas (Optional Form 156). A separate application including photo must be filed for the trainee and all family members who will accompany him or her to the US, irrespective of their age.

Advice for filling out the application form Form DS-156 consists of 36 questions. Most questions are about the person, just basic data such as date of birth, place of birth and address. Questions 22 and 23 are asking whether the applicant wishes to work or study in the US. Since we have already explained that the trainee status has a lot in common with regular employment, the question relating to work should be answered with yes, and studying with no.

Question 32, relating to applications for immigration visas or permanent work permits, is there to make sure you really are a non-immigrant. The consul will regard many people who submit such an application as potential immigrants and thus as persons who do not qualify for a non-immigration visa. Question 33 for close relatives in the US aims in a similar direction. In case you do have such relatives, the consul might come to the conclusion that you are planning to stay in the US permanently and thus don't qualify for the H-3 Visa. Question 35 asks for reasons that might exclude from admission into the US, e.g. former deportation or membership in a Communist party.

Length of stay The H-3 Visa will usually be granted for the length of the training program, but never for more than 18 months (for participation in special education programs) and 24 months (for participation in training programs of a company). In case it turns out that the period granted initially is not sufficient, you can apply for an extension with form I-129. You should add a letter explaining the reasons for the extension request. If you want to extend the stay of a family member, you need a different form for that. Family members apply for extensions with form I-539 Application to Extend Time of Temporary Stay. This application can be submitted together with that of the trainee.

PLEASE NOTE: A person who has already been in the US for 24 months (or 18 months for a special education training), will not get another extension of the H-3. This person may not enter the US on H or L status again before he or she hasn't lived outside of the US for at least six months.

Visa for family members The spouse and underage children of the visa holder qualify for the H-4 Visa. They are not allowed to work on this visa, but may attend school or university. This means that the spouse, should he or she wish to work, has to qualify for a work visa separately.

We will be happy to advise you on your way to a visa such as this one. Best use the contact form on our website.