Guide to Global Payroll Management - 2020 - 10-9

Types of Visas

visas, which do not permit employment, other than for spouses of H-1B visa holders (see
page 10-7).

H-3, Trainees or special education exchange visitors
This visa is issued to aliens coming to the U.S. temporarily for training in an established
program that provides training that is not available in the alien's home country (other than
graduate medical training or education). Special Education Exchange visitors (up to 50 in
a year) can participate in a special education exchange visitor training program that provides for practical training and experience in educating children with special needs. The
sponsoring employer must submit a detailed, structured training program that includes both
on-the-job and classroom-type training. An H-3 trainee is authorized to work only for the
sponsoring employer and can remain in the U.S. only for the period of the training program
(generally 18 months to 2 years). No extensions are allowed. The spouse and minor children of the H-3 visa holder can get H-4 visas, which do not permit employment, other than
for spouses of H-1B visa holders.

J-1, Exchange visitors
This visa is issued to participants in educational and cultural exchange programs designated by the U.S. Department of State. These "exchange visitor" programs cover a broad
range of participants including students, teachers, professors, research scholars, trainees
receiving on-the-job training, foreign physicians engaged in graduate medical training, participants in organized people-to-people programs, and other international visitors. To qualify
for the J-1 visa, participants must have sufficient funds to cover all their expenses, or funds
must be provided by the sponsoring organization in the form of a scholarship or other stipend.
This visa is issued for the duration of the particular education or cultural exchange program (normally one to seven years), plus 30 days. The right of J-1 visa holders to accept
employment in the U.S. also depends upon the terms of the particular program. Participants
in programs that provide for on-the-job training, teaching, research or other activities involving paid employment may accept such employment, while participants in programs that do
not involve employment may not accept outside employment.
Certain J-1 visa holders (participants in programs financed by the U.S. or home country
government, aliens whose skills are determined by the State Department to be in short
supply in their home country, and aliens engaged in graduate medical education or training) must return to their home country for at least two years before becoming eligible to
apply for immigrant or H or L nonimmigrant visas. This two-year return requirement may
be waived in certain situations, such as where the home country government states that it
does not object to a waiver, or returning would cause an exceptional hardship.

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Guide to Global Payroll Management - 2020

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