H-3 – Trainee (Back)

• The H-3 visa category is used by U.S. companies to bring foreign nationals to the United States for a temporary period in order to participate in an    established company training program. H-3 visa holders are permitted to work only for the sponsoring company, and employment should play only
   a minor role in the program. The primary objective should be the training, not actual employment. H-3 visas are usually issued for the duration of
   the training program, not to exceed two years. If an employer originally requested less than the full two years, an extension of stay up to the
   two year limit may be requested. There is no annual cap on the number of H-3 visas that can be issued, but due to strict requirements, only about    3000 H-3 visas are issued each year.

The basic requirements for obtaining an H-3 visa are:
• The foreign individual(s) must be entering the United States to participate in an existing company training program;
• The training of the foreign individual(s) must be conducted without the intention of eventual employment in the United States;
• The training program must offer experience or knowledge that is not available in the foreign trainee’s country of residence;
• The foreign trainee cannot be employed to engage in productive employment that is other than incidental to the training program;
• The foreign trainee must need the training and not merely seek to apply and enhance previously-acquired skills; and
• The foreign trainee must maintain his/her foreign residence without intending to abandon it.

H-3 visa holders may bring their spouses and unmarried children under the age of 21 with them on H-4 visas. Dependents may not work while in H-4 status.