H-3 Trainees Visa

The H-3 nonimmigrant visa category is for aliens who are coming temporarily to the U.S. to receive training (other than graduate medical education or training). The training may be provided by a business entity, academic, or vocational institute. The H-3 nonimmigrant visa category also includes aliens who are coming temporarily to the U.S. to participate in a special education training program for children with physical, mental, or emotional disabilities. The H-3 work visa numerical limit set by Congress per fiscal year is 3,000. There is a limit of 50 visas per fiscal year allocated to H-3 aliens participating in special education training programs.

General Steps
The prospective employer of the applicant is required to file a petition (Form I-129) with the USCIS Service Center having jurisdiction over the area where the training will take place. The USCIS will not approve an H-3 petition filed by an institution of learning. Trainee may be valid for a period of up to two years while participant in a special education training program may be valid for up to 18 months.

Qualification
Petitioner
1. Approval of the I-129 petition
2. Proposed training is unavailable in the Trainee’s home country
3. Trainee will not receive graduate medical education or training in the U.S.
4. Trainee will not be placed in a position which is in the normal operation of the business and in which U.S. citizens and resident alien workers are regularly employed
5. Trainee will not be productively employed except as incidental to training
6. Trainee has relevant work or educational background
7. Training will benefit the H-3 Trainee in pursuing a career outside the U.S.
8. Strong reasons for return to resident country on expiration of the visa

Documents
1. All passports you have owned, even if expired
2. One (2x2 inch) photograph taken within 6 months (passport-style)
3. Visa fee receipt (original)
4. NIV appointment ticket
5. I-797 Approval Notice and I-129 package
6. All Approval Notices of visas you have EVER received
7. Evidence of H-3 qualifications, eg.
(1). Employment letter
(2). A description of the training program, staff, facilities, number of classroom hours per week, and the number of hours of on-the-job training per week
(3). Details of the trainee participation in the program
(4). Details of compensation to the trainee, if any
(5). Reasons why a trainee needs the training
(6). Evidence that the program provides special education to children with physical, mental, or emotional disabilities, and that any custodial care of the children is only incidental to the training program
8. Strong reasons for return to resident country include, steady employment with substantial salary, family photos, household registration, real estate ownership, etc.

FAQ
1. What are the typical reasons in denying the application of H-3 visa? Why the quota is as limited as 3,000 per year?
(1). The nonexistence of a structured program
(2). Too much on-the-job training
(3). Engagement in productive employment by the trainee
(4). Potential displacement of a U.S. worker through the actual period of training or subsequent placement of the trainee with a U.S. office
(5). Availability of the training in the alien’s home country
(6). Lack of usefulness of the training in the alien’s home country
(7). Mere enhancement of previously-acquired skills as apposed to new training
Because of the prohibitive requirements, only about 3,000 admissions in the H-3 category are made each year.

2. How can my employer prove that the training is unavailability in my home country when prove that the training is useful in my home country? It seems really difficult and incompatible.
That’s true. Ironically, the more successful the employer is in demonstrating that the training is not available in the alien’s home country, the more possible is a denial of the application on the alternative ground that the alien will not be able to make use of the training in his or her home country after training is completed. Under this rather circular reasoning, almost no training could meet the standards. When alien will use his or her training in a foreign assignment for the training company, then this argument should be overcome by simply stating that the training company plans to make use of the alien’ newly learned skills within its own operations, thereby establishing that the training will be useful to the alien in his or her home country, even though comparable training is unavailable there.

3. How can I prove that I’m not using H-3 visa as a ruse for eventual employment in the U.S.?
You must demonstrate that your training is being conducted with the intent of employing you abroad. In other words, it has to document the way in which the U.S. training program will increase your worth to the employer’s foreign organization or to some other appropriate foreign business. This can be done by identifying the position for which the training will prepare you. Of course, when a multinational organization is involved, this requirement of intent is easier to establish than the case of a purely domestic enterprise. Training need not be solely for the purpose of placing you in the international organization of the employer. Training can be provided simply as a service meant to benefit foreign nationals, or as an accommodation to companies with which the U.S. company does not intend to employ you indefinitely or permanently in the U.S. must be clear and unequivocal. This type of case will also subject to closer scrutiny your intention upon completion of your training, since the temporariness of your stay is largely dependent on what you will do with the training upon completion of the training program.

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