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H-3 Visa for Trainee
The H-3 visa can be a good alternative to the H-1, H-2, or various other employment based visas. Our immigration lawyers are based in Minnesota and can help clients with work visa needs regardless of their location.
The H-3 trainee is a nonimmigrant who seeks to enter the United States at the invitation of an organization or individual for the purpose of receiving training in any field of endeavor, such as agriculture, commerce, communications, finance, government, transportation, or the professions, as well as training in a purely industrial establishment. This category shall not apply to physicians, who are statutorily ineligible to use H-3 classification in order to receive any type of graduate medical education or training.
Evidence required for a petition involving an alien trainee—
Conditions. The petitioner is required to demonstrate that:
1) The proposed training is not available in the alien's own country;
2) The beneficiary will not be placed in a position which is in the normal operation of the business and in which citizens and resident workers are regularly employed;
3) The beneficiary will not engage in productive employment unless such employment is incidental and necessary to the training; and
4) The training will benefit the beneficiary in pursuing a career outside the United States.
Description of training program. Each petition for a trainee must include a statement which:
1) Describes the type of training and supervision to be given, and the structure of the training program;
2) Sets forth the proportion of time that will be devoted to productive employment;
3) Shows the number of hours that will be spent, respectively, in classroom instruction and in on-the-job training;
4) Describes the career abroad for which the training will prepare the alien;
5) Indicates the reasons why such training cannot be obtained in the alien's country and why it is necessary for the alien to be trained in the United States; and
6) Indicates the source of any remuneration received by the trainee and any benefit which will accrue to the petitioner for providing the training.
Restrictions on training program for alien trainee. A training program may not be approved which:
A) Deals in generalities with no fixed schedule, objectives, or means of evaluation;
B) Is incompatible with the nature of the petitioner's business or enterprise;
C) Is on behalf of a beneficiary who already possesses substantial training and expertise in the proposed field of training;
D) Is in a field in which it is unlikely that the knowledge or skill will be used outside the United States;
E) Will result in productive employment beyond that which is incidental and necessary to the training;
F) Is designed to recruit and train aliens for the ultimate staffing of domestic operations in the United States;
G) Does not establish that the petitioner has the physical plant and sufficiently trained manpower to provide the training specified; or
H) Is designed to extend the total allowable period of practical training previously authorized a nonimmigrant student.
USCIS may approve the petition for a validity period of up to two years. Extensions beyond the two years are not allowed.
Contact Vincent Martin for more information at (952) 746-4111 or vmartin@cundyandmartin.com. Vincent practices exclusively in the area of U.S. immigration law including work visas, family visas, and deportation defense. |
