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What are the bad sides (the negative aspects) of the H3 trainee Visa?

Los Angeles, CA |

Compared to an H1B or an O1A for example?
What are the restrictions? Is there a "go back home for such amount of time" rule after the program, just like for the J1 Visa? Would any change of status be too difficult to obtain (without re-entering in the home country) after the program is completed? Would I not be able to get a green card through the same job at the same company afterwards? Is travelling back and forth during the program also an issue? Are there any salary/compensation restrictions too during the training?
Thanks in advance.

Attorney Answers 3


  1. H-3 visas are complex and require more training than productive work ... not too attractive to employers.

    There is no comparison to O, nor H-1B ... they are completely different. Plus, if someone qualifies for an O, or H-1B, they probably don't qualify for the H-3

    Talk to an attorney ... he/she will probably recommend against the H-3.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. They are quite difficult to put together, one needs a training plan, training schedule, employment contract, letter of future employment confirmation in a higher position from an overseas company, and etc. The "training" has to be in a field not available in trainee's country.. And all of this for just a 1 year visa, renewable for only one more year. That's it. Employers only resort to this type of visa when desperate, especially when there are not going to be H-1Bs for a while. Much simpler and easier to get a J-1 training visa, whereas H-3 is first applied to the USCIS and once approves, then to the consulate overseas for the visa.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. Do your own research or consult an immigration attorney. This is too broad a question to be answered on this forum.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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