Sweta Khandelwal

Visa Options for Trainees

Training is often an important part of advancing in a career or being skilled at a job.

Visa Options for Trainees

Overview

Training is often an important part of advancing in a career or being skilled at a job. There are two visa options that visa applicants may utilize to receive practical training in the U.S. for a particular job or occupational field. These two visas, H-3 and J-1, have several requirements but can be very useful to obtain when to receive beneficial training in the U.S.

What is a “trainee?”

A trainee is a person who is receiving training in the U.S. The training is usually for a job. Trainees on these visas are intended to receive training for a job that the trainee may later obtain.

H-3 Visa

To apply for the H-3 visa a detailed account of the type of training the trainee will receive must be submitted to the USCIS. The applicant must also identify a U.S. employer or organization that will provide the training. If the petition is approved the trainee may be allowed to stay in the U.S. for up to 2 years.

What kind of training does the trainee under an H-3 visa receive?

An H-3 visa is available to trainees who come to the U.S. to receive training in a particular field. The training is intended to be for a job located outside of the U.S. The USCIS states on its webpage that training in any field will qualify; some of the listed fields are agriculture, commerce, communications, finance, government and transportation. While this visa covers any field, it cannot be used for medical education or training.

H-4 Visa for Dependents

There is also an H-4 visa available for family members of the trainees. If the H-3 visa is approved, the applicant may be able to take family members to the U.S. while trainee is completed.

J-1 Visa for Exchange

Another option for trainees is the J-1 Visa. This visa is intended for those coming to the U.S. to teach, learn, receive training, research and observe. This visa could be a good option for those coming to the U.S. for an internship or to receive occupational training. Medical students seeking training in the U.S. may use this visa.

This visa is designed as an exchange program. The exchange program must be approved by the government in order for the applicant to participate in the training program. The programs will generally train the individual in a specific business field. There are three requirements that the trainee must meet in order to be able to apply for a J-1 visa.

These requirements are:

 

  • The applicant must possess a degree from a foreign post-secondary academic institution.
  • The applicant must have at least one year of work experience in the applicant’s specific academic field and training must have been received outside of the U.S.
  • The applicant must have had five years of work experience outside of the U.S. The work experience must be in the same field that the applicant is seeking training for in the U.S.

 

Cited Sources

Exchange Visitors, July 17, 2015, USCIS

H-3 Nonimmigrant Trainee or Special Education Exchange Visitor, July 20, 2015, USCIS

Customer Stories

See how leading enterprise in-house teams have scaled smarter with Legal.io's high-caliber flex talent.

More from Legal.io


Special Visa Categories for Canadians
Special Visa Categories for Canadians

Despite the media attention surrounding immigration from Mexico, it’s important to remember that the United States shares a border to the north with Canada as well.

Aug 19, 2015
Read More
Colorado Enacts AI Bias Law

SB 205 addresses bias in automated decision-making tools, sets a precedent for future legislation and imposes new obligations on companies.

May 24, 2024
Read More
The Sharing Economy Just Got A Whole Lot Messier
The Sharing Economy Just Got A Whole Lot Messier

High-profile Uber and FedEx cases demonstrate how misclassifying workers as independent contractors instead of employees can threaten your company. Here’s everything you need to know.

Jun 17, 2015
Read More
Law Firms Turn to Partner Pay Cuts to Preserve Top Talent

Even as top law firms have reached new revenue and profitability peaks, between 10% and 30% of partners are making less money year to year, as firms focus on retaining top performers.

Oct 15, 2024
Read More
Legal.io Newsletter - July 22, 2022
Legal.io Newsletter - July 22, 2022

Published weekly on Friday, the Legal.io Newsletter covers the latest in legal, talent & tech.

Jul 22, 2022
Read More
Ready to hire?

Schedule a free consultation to discuss your hiring needs.

Free 15-min consultation
Legal.io Platform
5 star reviews
Hiring made smarter

Easy-to-use platform for hiring legal talent, managing spend, and optimizing your panel — plus an average savings of 50%.

Need Immediate Help?

Submit a hiring request and let our experts handle the entire process for you.