In continuing series of articles on visa issues, Immigration Attorney Magdalena Cuprys reviews H-3s
The most common visa types for receiving training in the USA are J-1 (Exchange Visitor) and H-3 Visas. Immigration attorney Magdalena Cuprys has published an overview for the latter type of trainee visa, the H-3.
By: Cuprys & Associates
Trainee visas offer an opportunity for temporary visitors to gain valuable "hands on" work experience in the United States. Most such trainees are university students or recent graduates, and the most common visa types are J-1 (Exchange Visitor) or H-3 (trainee or special education exchange visitor) Visas. The United States grants H-3 Trainee Visas to foreign nationals who wish to come to the United States to either:
1.Participate in a training program provided by an American company; or
2. Participate in a Special Education Exchange Visitor Training Program – which provide practical training in the education of children with emotional, mental or physical disabilities.
H-3 Trainee Visa Holders are allowed to work only for the company that is providing the training, and employment should only play a minor role in the program. The main objective of these H-3 visas is the training component, not the actual work performed (which may be incidental to the training). The H-3 visa has been specifically designed to provide a foreign national with job-related training for work that will ultimately be performed outside the USA. The duration of these H-3 Trainee Visas is usually for a training program of up to 2 years.
The following fields qualify for H-3 Temporary Trainee Visas: Agriculture, Communications, Finance, Government, Technology, and almost any other field, except for graduate education and medical training programs.
There are other restrictions, including specifically that:
a) The training program must not available in the applicant's home country; and
b) the training will benefit the applicant in pursuing a career and obtaining employment in the applicant's home country upon return after program completion.
Spouses and unmarried children under 21 years of age of H-3 visa holders are eligible for dependent visas. Dependents may remain in the United States and also have unrestricted authorization to travel in and out of the country. However, individuals under such dependent visas are not authorized to work in the U.S.
To obtain an H-3 visa, the petitioner (= the company providing the training) must file a petition with a USCIS Service Center, and include:
- A detailed description of the structured training program, including the number of classroom hours per week and the number of hours of on-the-job training per week;
- A summary of the prior training and experience of each foreign national in the petition; and
- An explanation stating why the training is required.
Further, the petitioning U.S. company must demonstrate that:
1) the trainee will not be productively employed except as incidental to the program; and
2) the trainee shall not be placed in a position which is in the normal operation of the business and in which citizens and resident aliens are regularly employed.
The U.S. company must also explain why it is willing to incur the cost of providing the training in the U.S. without obtaining the benefit of significant productive labor.
The complete article will be published on the Blog of Magdalena Cuprys at https://magdalenacuprysblog.blogspot.com/
*** Magdalena Cuprys is the principal attorney of Serving Immigrants, a full-service immigration law firm offering a complete range of immigration services to both businesses and individuals.
Cuprys & Associates
Magdalena Ewa Cuprys, Esq.