H-3 Visas- Trainees
Eligibility: The following individuals or entities will be eligible for an H-3 visa.
- Foreign nationals who will receive training, not available in their own country.
- Foreign nationals as special exchange visitors to receive training in educating children with mental or emotional disabilities.
- Multinational companies sending foreign employees to the U.S. for job training.
- Training in the U.S. will benefit the beneficiary in his path in a foreign career.
- The alien must not be in a position that citizen and resident workers are employed.
The Program Will Be Unacceptable If:
- It deals in generalities and does not provide a fixed schedule, objectives, or means of evaluation.
- It is on the behalf of a beneficiary who has previous substantial training and expert knowledge in the area.
- The program is in a field of knowledge that is unlikely to be used outside of the U.S.
- The program is likely to result in productive employment that is beyond what is incidental and necessary to the actual training.
- If it is created to recruit and train foreign nationals to ultimately be staffed in the U.S.
- If it has not been established that the petitioner possesses the physical plan and adequately trained personnel to provide training of the specified nature.
- Designed to further the total permitted period of practical training of a previously authorized nonimmigrant student.
The training program by regulation 8 C.F.R. §214.2(h)(7)(ii)(B) must include:
- Type of training and supervision, which will be given.
- The amount of time that will be dedicated to productive employment.
- The amount of classroom instruction hours.
- Hours of on-the-job training, supervised and unsupervised. Supervised work should be focused on training and the amount of unsupervised work should be minimal.
- The ultimate position for which the training will prepare the applicant.
- The reason(s) why the applicant cannot be trained in his/her own country.
- The reason why the training program would benefit the petitioning company.
- The source of compensation to be given to the trainee.
Externs And Nurses:
- An extern might be eligible for an H-3 visa if he is involved in a residency or internship at an AMA or AOA hospital and will participate in an externship during his school vacation.
- Nurses might be eligible for an H-3 visa if they have an unrestricted license from the country where they obtained their medical education or if their education was in Canada/U.S., and their petition provides a statement that the nurse is eligible under state law to partake in the training.
To Compare: B-1 and J-1 from H-3:
A person who would be eligible for an H-3 visa can acquire a B-1 if he/she receives a salary abroad or a J-1 if involved in a J program.
Admission And Extension:
- Admission is for the length of the training program and not to exceed 2 years.
- Extension, C/S or readmission will not be granted to H or L status after the 2-year period unless the alien resided and is physically present out of the U.S. for 6 months.
- Approval of a permanent labor certification or the filing of a preference petition by the same employer for the same or a different job might result in denial of the extension.
- An application must be filed by the employer on an I-129 form.
Special Education Exchange Program:
- Exchange status is granted to individuals participating in a special education program.
- This is limited to a period of 18-months and 50 visas per year.
- Procedure: This will be processed as an H-3 visa. It must be filed by a facility that has professional, trained personnel and a structured program for children, which will give training and hands-on experience. There must be evidence that the applicant is almost finished with a BA or a higher degree or has substantial previous training or experience.
When in the U.S. for 18 months under the H/L status the individual may not apply for a C/S or E/S or readmission under the H/L categories except when he/she has lived and been physically present outside the U.S. for the past 6 months.