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Philadelphia Immigration Lawyer > Philadelphia H-3 Trainee Visa Lawyer

Philadelphia H-3 Trainee Visa Lawyer

An H-3 visa in the United States allows a non-immigrant to enter the United States to participate in an internship program in a certain profession or specialty in order to improve their skills or qualifications when such a program is not available in the foreign national’s home country. H-3 visas are not considered work visas and they are meant to allow foreign nationals to learn, and not to start a new profession or specialty or obtain a degree. Medical training does not qualify for H-3 status. Below, our Philadelphia H-3 trainee visa lawyer explains more about this type of visa.

Qualifying for an H-3 Visa Program

Under the Immigration and Nationality Act, the eligibility requirements for H-3 trainees are as follows:

  • The foreign national must have official residence in another country and must not intend to forfeit citizenship of that country,
  • The foreign national must enter the United States on a temporary basis as an intern, with the exception of when they are receiving vocational training or medical education, and
  • The foreign national must not participate in the US H-3 visa program with the intention of obtaining employment in the United States

Even if a foreign national does not forfeit citizenship of their home country, dual citizenship is not allowed under H-3 status. Industries that qualify for an H-3 internship program include, but are not limited to:

  • Trade
  • Agriculture
  • Finance
  • Communication
  • Transport
  • Management

The Code of US Federal Regulations provides a full list of industries eligible for an H-3 internship program. It is important to remember that H-3 status is meant to upgrade the existing skills and qualifications of foreign nationals, and not to gain new ones.

Proving Requirements for H-3 Status

When someone from another country wants to enter the United States on H-3 status, both they and the organizers of the internship program within the United States must prove that they meet certain requirements. The American organizers of the internship program must show:

  • They will not hire the foreign national once they have completed the internship program, and
  • The benefit to the organizer from professionally training the foreign national

Trainees must also prove certain aspects of their case before obtaining H-3 status. These are as follows:

  • The training program is not offered in the trainee’s home country,
  • The trainee has a level of skills or qualifications that will allow them to master the intended position or industry,
  • The trainee will not work while in the United States, unless that work is not a significant aspect of the training program, and
  • The training will benefit the trainee and help further their career outside of the United States

Get Legal Advice from an H-3 Trainees Lawyer in Philadelphia

The H-3 trainees visa is an option that allows individuals to enter the United States to better themselves and their career. At Ellenberg Law Group, our Philadelphia H-3 trainees lawyer can advise you of the requirements for this status, help you prove your case, and give you the best chance of obtaining the visa or trainee you need. Call us now at 215-790-1682 or contact us online to schedule a free consultation.

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