Visa & More: The H-3 visa compared to the J-1

In our last newsletter we informed you about the H-2 visa. This time, we would like to inform you about the advantages and disadvantages of the H-3 visa compared to the J-1 (standard) visa for interns and trainees.

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Anyone who wants to do an internship or a training in the US can basically choose between two visa categories. The J-1 exchange visa has a subcategory for interns. The H-visa as well has a subcategory for interns. Below, you will find an overview of both categories and advantages and disadvantages for both.

QUESTION: In what kinds of training may H-3 visa holders take part?

ANSWER: Trainees for non-medial and non-academic professions may do an internship with the H-3 trainee visa. Exceptions are only certain courses offered by the American Hospital Association or the American Osteopathic Association during semester break. Nurses, for example, may participate in a short training program that is not available in their home country.

QUESTION: What are the requirements for the H-3 visa?

ANSWER: US Citizenship and Immigration Services has defined different requirements for the H-3 visa:

1. The desired course is not available in the applicant's home country
2. The applicant may not be employed in a regular position which is in the normal operation of the company that also employs US citizens and people with an unlimited residence permit
3. The applicant may not be productively employed unless this is part of the training and thus necessary
4. The training will benefit the applicant in his career outside the US

There are further restrictions for training programs. Please note that we can only name some examples here.

Trainings that are too universal and don't include a specific time limit or goal or are not related to the applicant's field of work do not qualify. In addition, the applicant may not acquire skills or knowledge that can probably not be used outside the US. Furthermore, the US company/institution is not permitted to offer any program that is aimed at recruiting foreign workers and employ them at the company.

QUESTION: How does the H-3 application process work?

ANSWER: Just as for all the other H-visas, the training institution has to submit the I-129 petition with the so-called H-Supplement.

Furthermore, the petitioner, i.e. the US company, has to explain what kind of training will be offered, how the training will be supervised and how the training program is structured. In addition he should be prepared to explain what part of the training will require productive employment. An explanation why the applicant cannot participate in a training in his home country as well as a detailed statement about the payment the applicant will receive is also part of the application.

QUESTION: For how long can the H-3 visa be issued?

ANSWER: H-3 visas can be issued for a period of up to two years.

QUESTION: What kinds of training may qualify for the J-1 visa?

ANSWER: Persons with knowledge and skills in the fields of education, art and science may participate in training programs in the US with the J-1 visa. At present, the visa is available for students at all academic levels; trainees receiving training at firms, institutions and agencies; teachers at elementary, secondary and specialized schools; professors who wish to teach or do research at a college or university; scientists; persons in medical training or similar fields; or participants on organized programs with direct people-to-people exchange.

QUESTION: Is a certain educational level required?

ANSWER: There are special training programs for applicants who have obtained an academic or other degree after completing a four-year education/training. The applicant does not have to have degree/qualification for a training that is not subject-specific. Participants in a training program must, however, have a professional training or work experience of at least two years in the field for which the training program is offered.

QUESTION: How do you apply for the J-1 Trainee Visa?

ANSWER: Only exchange organizations or US employers who have special registration/authorization from the US State Department may petition for the J-1 visa. So foreign and international exchange organizations will act as a "visa sponsor." They will issue the so-called form DS-2019 (Certificate of Eligibility). The organization thus takes over sponsorship for the participant for the US authorities. Form DS-2019 contains important information for the US consulate about the applicant, the program, the length of the internship and financing.

PLEASE NOTE: A confirmation letter for the internship issued by the US employer is not enough for the J-1 application.

QUESTION: What are the requirements for the exchange organization?

ANSWER: According to the US State Department's regulations, the organization is directly responsible for all aspects of the training program. That includes, selection, orientation, training, supervision, and evaluation of the participant.

The exchange organization has to provide a written confirmation about any payment to the trainee, detail the costs and fees to be paid by the participant and present an estimate of the participant's living expenses during his or her stay. Obligatory is also a trainee plan, detailing the learning objectives and all important components of the training program.

QUESTION: What are the advantages of the J-1 visa compared to the H-3?

ANSWER: Usually, the requirements for the J-1 visa are a lot easier to meet than those for the H-3. Furthermore, no approval by USCIS is required for the J-1 visa prior to the submitting of the application. This means the costs for the J-1 are lower and processing times faster.

PLEASE NOTE that J-1 visa are also required for unpaid internships. Also for stays of less than 90 days, a J-1 visa is required!

QUESTION: What are the advantages of the H-3 visa compared to the J-1?

ANSWER: In certain cases, J-1 visa holders have to return to their home country before they can obtain the H or L-visa, change their J-1 status to another category or apply for a permanent work permit. These conditions do not exist for the H-3 visa. Special regulations excluding certain activities do only exist for nurses and physicians.