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H-3 Expert Opinion Letter
*sometimes called an H-3 Trainee Expert Opinion Letter
An H-3 Trainee Expert Opinion Letter from ProfVal is used to address USCIS H-3 requirements related to a training program in the United States and the qualifications of the noncitizen beneficiary hoping to attend it.
Consistent with these requirements, your H-3 Expert Opinion Letter from ProfVal can help USCIS agents to understand whether the following four requirements are supported by the evidence:
The proposed training is not available in the beneficiary's home country, and thus, the chosen training program is diverse and distinct,
The beneficiary will not be placed in a position which is in the normal operation of the business and in which U.S. citizens and resident workers are regularly employed,
The beneficiary will not engage in productive employment unless such employment is incidental and necessary to the training,
The training will benefit their pursuit of a career in their home country.
What is a Nonimmigrant Trainee or Special Education Exchange Visa?
An H-3 Overview
Understanding the H-3
An Overview of H-3 Visa Requirements
Your H-3 Expert Opinion Letter from ProfVal will include an in-depth analysis of the above points and will be signed by a distinguished expert within the training field’s discipline, typically a professor affiliated with an accredited public or private nonprofit U.S. college or university.
ProfVal’s EOLs provide value to a visa application, as they enable the USCIS agent to have an honest, third-party appraisal of the organization / institution’s training program, explained in simple terms, to help them more easily understand how a training program meets H-3 requirements. Additionally, the USCIS agent will understand that the expert providing the letter is honest in their analysis and recommendation, as our experts are paid irrespective of whether they can give a positive appraisal or not. Thus, ProfVal adds transparency to the immigration process, which helps organizations to provide training to foreign trainees while aiding these trainees in expanding their career knowledge and skills through training programs in the U.S.
Learn more about why H-3 applications are denied within the H-3 category of our research blog.
Additional details on H-3 applications
According to the U.S. Department of State – Bureau of Consular Affairs, between FY 2020 and FY 2022, the USCIS received 1,805 H-3 visa applications, 1,524 of which were approved and 253 of which were refused—a roughly 14% denial rate (Nonimmigrant Visa Statistics).
The H-3 visa holder can participate in a training program offered by a U.S. company and work legally in the U.S. for the company that is doing the training, so long as that work is incidental to the training program. The visa holder can work only for the employer that admitted him or her to the training program and acted as petitioner / sponsor for the H-3 visa.
The H-3 visa can be approved for the length of time needed for the worker to complete the training program, although no more than two years are normally permitted (Source)
The visa holder can work only for the employer that admitted him or her to the training program and acted as petitioner / sponsor for the H-3 visa. The H-3 visa can be approved for the length of time needed for the worker to complete the training program, although no more than two years are normally permitted. The H-3 visa holder and family can travel in and out of the U.S. or remain in the U.S. continuously while the H-3 visa is valid, though spouses and children may not accept employment in the United States and children are expected to attend school.
How does ProfVal help?
An H-3 Expert Opinion Letter from ProfVal helps to provide the requested evidence in order to prevent an RFE, or to aid in responding to an RFE letter by working with a disciplined expert to examine and describe the structure and purpose of a given training program, then to indicate: i) that the training program meets H-3 requirements and ii) why such training cannot be obtained in the beneficiary’s home country and why it is necessary for them to be trained in the United States