The H-3 nonimmigrant visa category allows employers to petition for foreign nationals to come to the U.S. on a temporary basis for up to two years to receive training in a specific field. Considering the current lack of new H-1B visas, the H-3 is a good alternative for certain employers to bring qualified workers to the U.S.
Over time, USICS has issued multiples guidances on the requirements to apply for H-3 status. The current guidance consolidates all previous guidances and provides information on the background, purpose and legal authority of the H-3 program. It discusses program requirements, descriptions and restrictions.
The guidance emphasizes that the H-3 may not be approved if the training program: has no fixed schedule, objectives or means of evaluation; is incompatible with the nature of the employer’s business or enterprise; or will result in productive employment beyond that which is incidental and necessary to the training. For more information, please click here.