Overview : H-3 Visas for Trainees
Posted Oct 05, 2001
Continuing with our Overview series describing the various nonimmigrant visa categories for the benefit of our MurthyBulletin readers, we now come to the H-3 category. This H-3 visa is for temporary workers who come to the USA to receive training other than graduate medical education or training. The eligibility requirements for the training program are narrowly defined. The H-3 category is not to be used for the purpose of providing employment in the U.S.
General Requirements for H-3 :
a) The beneficiary must have a foreign residence to which s/he will return.
b) The training in question must not be available in the beneficiary’s home country.
c) The H-3 Beneficiary must not be placed in an employment position that is regularly filled by a citizen or legal permanent resident.
d) There must be no productive employment, unless incidental and necessary to the training program.
e) The training must be of benefit to the beneficiary in pursuing a career outside the U.S.
Specifics of the H-3 Training Program :
There are strict guidelines that must be followed in order for the Training Program to be suitable for the H-3 category.
a) The program must have a fixed schedule and be compatible with the Petitioner’s business.
b) This must be the first substantial training that the Beneficiary is undergoing in the proposed field.
c) The knowledge and skills acquired under the program must be for use outside the U.S.
d) The Petitioner must have sufficient resources to provide the training specified and must not be intending to offer training for the purpose of hiring for operations in the U.S.
e) The Training Program must not have the effect of providing a nonimmigrant with an extension of a practical training period previously allowed by another visa category.
In addition, the INS regulations require the petitioning company to provide the following specific information about the training program :
a) The type of training offered.
b) Amount of classroom instruction hours. A minimum of 15% of the total training program should be allocated to classroom hours.
c) Number of hours of on-the-job training.
c) How the training prepares the person for a type of work that is new to the home country. For example, the training is in a new product or service.
d) The reason the person cannot obtain training in the home country and must instead be trained in the U.S. It should be specified that the program does not exist in the home country; that it exists in the U.S. and is not readily available in any other country.
e) The reason the program is of benefit to the Petitioner training company.
f) The source of remuneration received by the trainee.
Qualification for Externs and Nurses Under H-3 Program Externs may qualify if attending residency or internship at an AMA or AOA hospital and the externship will take place during the school vacation. Nurses may qualify as long as they possess a license in the country where they received their medical education or, alternatively, if they received their education in Canada or the U.S. and there is a certification for INS purposes that they are qualified under state law to receive the training.
Admission Under the H-3 Program Generally, admission is for the duration of the training program but no more than 2 years. There is no extension, change of status, or readmission granted after 2 years unless the person resided outside the U.S. for 6 months. This rule does not apply if the training is seasonal, intermittent or less than 6 months. Also, extensions may be possible if the original period of stay was less than 2 years.
Special Education Exchange Program There exists a special education exchange program by which a person receives training and experience in the education of children with physical, mental, or emotional disabilities. This program has an 18-month maximum duration and is limited to 50 visas per year.
The H-3 petition must be filed by the facility offering the training. There must be evidence that the applicant has nearly completed a B.A. or higher degree or has extensive prior training or experience. If the applicant has already been in the U.S. for 18 months under any H or L status, s/he may not seek change / extension or readmission unless s/he has resided outside the U.S. for the 6 months immediately prior. © The Law Office of Sheela Murthy, P.C.
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