NeSmith Immigration Attorneys, LLC

Immigration and nationality Law

How can I receive training in the U.S.?

H-3 Visa

The H-3 Visa is specifically designed to enable you to train in the U.S. in almost any discipline. The USCIS calls this loose classification, ‘any field of endeavor’. This includes agriculture, technology, communications and governmental leadership. This loose classification does not include people seeking graduate medical training. Nurses and medical students on vacation, however, may be eligible for the H-3 Visa.

Your spouse and unmarried children under the age of 21 are allowed to join you in the U.S. under the H-4 status. Family members are not permitted to work while in the U.S.

STEPS

The H-3 Visa is not self-petitioned. An employer must petition on behalf of you, the trainee. The employer must provide certain evidence about the training, including a description of the training program, your compensation (if any) and reasons why you need the training. The employer must then submit a petition on Form I-129 with the regional USCIS center that has jurisdiction over the place where the training will be offered.

Documents for Filing with USCIS:

Proof that this training is not available in your home country.
Proof that this training will aid you in your career outside the U.S.
Proof that you will not engage in willful employment while in the U.S.
Proof that the training is formal in nature.

Documents for Consular Process:

A filled-in appropriate DS visa application Form. Separate applications for each person are compulsory.
One recent photograph as per the specification of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering. You may refer to specification on this link http://travel.state.gov/visa/guide/guide_3877.html
A passport, valid for travel to the United States for at least six months longer than your intended visit.
Approval Notice of Action from USCIS

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