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BAL guides employers through H-3 visa sponsorship with exceptional legal expertise and AI-driven technology.
The H-3 visa enables U.S. employers to invite foreign nationals for hands-on training that isn’t available in their home country. Designed to support professional development without displacing U.S. workers, the visa allows for a training period of up to two years, with extensions possible in certain cases. There is no regulatory limit to the number of H-3 visas allocated to employers. For some employers, it may also serve as a strategic alternative to the J-1 visa (for exchange visitors), depending on the training program’s structure and goals.
To qualify for an H-3 visa as a trainee, the following conditions must be met:
1. The sponsoring employer must operate a physical facility and have qualified staff capable of delivering the training outlined in the petition.
2. The training must occur at an academic or vocational institution, where the program is primarily developed and sponsored by a government agency or a non-academic, non-vocational entity.
3. The trainee must not engage in productive employment or participate in the regular operations of the business where U.S. workers are employed.
4. The proposed training must not be available in the trainee’s home country.
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To obtain H-3 classification: • A U.S. employer or organization must file Form I-129, Petition for a Nonimmigrant Worker. • Once approved, the trainee can schedule a visa interview in their home country based on that approval.
If approved, the H-3 visa allows the trainee to remain in the United States for up to two years.
Spouses and unmarried children under 21 may accompany the trainee under H-4 status. However, H-4 dependents are not authorized to work in the U.S.
No. The H-3 visa is also issued for participation in a special education exchange visitor program which offers practical training in educating children with physical, mental or emotional disabilities. Participants in this category may stay in the U.S. for up to 18 months.
This category is subject to a numerical cap. The petition must be filed by a facility with professionally trained staff that educates children with disabilities and provides hands-on training to exchange visitors. The petition must include evidence that the visitor has nearly completed or already holds a degree in special education or has substantial prior training and experience in teaching children with disabilities. Any custodial care of children must be incidental to the training.