Student and Internship Visas

Non-immigrant Trainee
H-3 Visa


H-3 visas are granted to those invited to the United States by individuals or organizations to receive training in a specific field. An H-3 visa allows foreign nationals to stay in the United States temporarily in order to receive training under one of two categories: Trainee or Special Exchange Visitor.

This classification is not intended for US employment. It is designed to provide a foreign national with job-related training for work that will ultimately be performed outside the United States.

In order to obtain H-3 classification, a US employer or organization must demonstrate that:

  • The proposed training is not available in the foreign national’s native country;
  • The foreign national will not be placed in a position which is part of the normal operation of the business and in which US citizens and resident workers are regularly employed;
  • The foreign national will not engage in productive employment unless such employment is incidental and necessary to the training; and
  • The training will benefit the beneficiary in pursuing a career outside the United States.

The category of Special Education Exchange Visitor enables the participation in programs for practical training in the education of children with physical, mental, or emotional disabilities.

Eligible applicants for the H-3 Trainee visa must be invited by an organization to train within a specific field. This includes but is not limited to agriculture, commerce, communication, finance, government, and transportation.

Requirements and/or materials

The USCIS requires documentation and written explanation of the purposes, functions, and criteria of the intended training. These documents should include:

  • Clear goals, schedules and objectives for the training;
  • Proof of connection between the applicant’s employment and educational goals with the training opportunity in the United States; and
  • Proof that the training being sought within the United States is unavailable in the applicant’s country of residence or study.

Additionally, to be a Special Education Exchange Visitor, the applicant must be currently enrolled in an educational/training program for special education or have previously earned a degree in special education.

There must be no indication of an applicant’s intention to work in another unrelated field or to immigrate to the United States.

Validity / Extensions

This visa allows trainees to stay in the United States for up to two years. However, those that come as special education exchange visitors are only allowed to stay in the country up to eighteen months. There are no extensions allowed with this visa past the stipulated two years.

Family Members

Spouses and children under 21 years old of an H-3 visa holder can stay in the country but cannot work.


H-3’s are processed directly with the USCIS. After the petition is accepted you can file for the visa at your country’s US Consulate.

Since a H-3 visa grants only a nonimmigrant status, the holder of the H-3 visa must maintain their intention to depart the United States and/or return to their home country when their status is terminated throughout the entirety of their stay.

Remember that each case is unique. To find out whether you qualify for this visa, please contact our immigration attorneys directly and set up an appointment.

Exchange Visitors
J-1 Visa


The J-1 classification (exchange visitors) is authorized for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or receiving graduate medical education or training.
In carrying out the responsibilities of the Exchange Visitor Program, the Department of State designates public and private entities to act as exchange sponsors. J-1 nonimmigrants are therefore sponsored by an exchange program that is designated by the US Department of State. These programs are designed to promote the interchange of persons, knowledge, and skills, in the fields of education, arts, and science.
Examples of exchange visitors include, but are not limited to:

  • Professors or scholars
  • Research assistants
  • Students
  • Trainees
  • Teachers
  • Specialists
  • Au Pairs
  • Camp counselors
Requirements and/or Materials:

To apply for a J-1 visa, an applicant must contact a designated sponsor. A list of designated sponsors may be found on the State Department Website at:

To apply for a J-1 visa, first figure out which program is right for your interest and field of study. The State Department posts a comparison chart of program requirements at:
Once you decide on a sponsor, they are responsible for selecting participants and managing the program. Sponsors will charge a fee. Each sponsor charges a different fee. Our attorneys will handle the forms and schedule an interview for you.

An applicant for a J-1 visa must have English-language proficiency. The applicant and his or her family must have medical insurance.

Validity / Extensions

The length of the exchange program is imposed by the regulations specific to the program category or to the program sponsor’s designation. The Department of State officer is allowed the discretion to extend a participant’s program to its maximum regulatory duration.

Extensions beyond the maximum program duration are allowed in specific program categories for unusual or exceptional circumstances. Extensions beyond the maximum program duration must be approved by the State Department. Please consult with our immigration attorneys about specific questions relating to J-1 extensions.

Family Members

Spouse and unmarried children under 21 years of age, regardless of nationality, are entitled to J-2 classification. Spouse and children are entitled to work authorization; however, their income may not be used to support the main J-1 visa holder. To apply for work authorization as a J-2 nonimmigrant, a spouse or child would file an application for Employment Authorization.

More about the programs, eligibility of employers, and host companies can be found on Department of State’s website:

Remember that each case is unique. To find out whether you qualify for this visa, please contact our immigration attorneys directly and set up an appointment.

Student Visas
F1 and M-1 Visas

If you would like to study as a full-time student in the United States, you will need a student visa. There are two nonimmigrant visa categories for persons who wish to study in the United States. These visas are commonly known as F and M visas.

You may enter in F-1 or M-1 visa categories provided you meet the following criteria:

  • You must be enrolled in an “academic” educational program, a language-training program, or a vocational program
  • Your school must be approved by the Student and Exchange Visitors Program by Immigration & Customs Enforcement
  • You must be enrolled as a full-time student at the institution
  • You must be proficient in English or be enrolled in courses leading to English proficiency
  • You must have sufficient funds available for self-support during the entire proposed course of study
  • You must maintain a residence abroad, which you have no intention of giving up.
F-1 Student Visa

The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution, or in a language training program. You must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate, and your school must be authorized by the U.S. government to accept international students.

M-1 Student Visa

The M-1 visa (Vocational Student) category includes students in vocational or other nonacademic programs, other than language training.


The student visa can be granted for a longer period then the studying program, but will be valid only subject to the program that will be reflected on the I-20 form, which is the official document that will be produced by school.


F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment:

  • Curricular Practical Training (CPT) (in some degrees such as engineering CPT is mandatory)
  • Optional Practical Training (OPT) (pre-completion or post-completion)
  • Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT)

M-1 students may engage in practical training only after they have completed their studies.

For both F-1 and M-1 students any off-campus employment must be related to their area of study and must be authorized (prior to starting any work) by the Designated School Official (the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS)) and USCIS.

Family Members

Family members of either F-1 or M-1 visa holders can stay in the US with their student spouse or parent but cannot work.


To gain F-1 status, an applicant must receive an I-20 form from a college or university that he or she has been accepted to. The applicant brings the I-20 to their closest US Consulate. The F-1 Status is processed through the consulate. The process for M-1 status is the same, except instead of a college or university, the applicant receives their I-20 form from a vocational or trade school.

Since a student visa grants only a nonimmigrant status, the holder of the student visa must maintain their intention to depart the United States and/or return to their home country when their status is terminated throughout the entirety of their stay.

Remember that each case is unique. To find out whether you qualify for this visa, please contact our immigration attorneys directly and set up an appointment.


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Fax: 888.820.3250


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New York NY 10019

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