The H-3 classification allows a foreign national to come to the US for a specific training program for up to two years.  This classification is for the purpose of receiving training in any field of endeavor, such as agriculture, commerce, finance, government, transportation, or the professions, as well as training in a purely industrial establishment.  A petition must be filed by an organization or individual on behalf of the individual which contains, among other information about the petitioner's and beneficiary's qualifications, and the details of the training program.

Duration of the status:
In general, the H-3 status is for up to two years.  Then the individual is required to stay outside the United States for six months.  There is also a provision for beneficiaries working in the field of Special Education to come and get training for up to 18 months.

Training Program Requirements:

  1. Must have a fixed schedule
  2. Must have an organized curriculum with objectives and a means of evaluation
  3. Must have a physical plant
  4. Must have staff needed to provide the training involved, but out side facilities and/or staff may be used
  5. Must not place any trainee in a position that is in the normal operation of the business and in which US workers are regularly employed.  (Not be engaged in productive employment)
  6. Must be designed to train aliens for positions abroad.

 

Productive employment, according to the USCIS regulations is acceptable if it is incidental and necessary to the training.  Precedent Decisions recognize that any production by the alien trainee must be more than offset by the time spent by employees in training the alien.  The program must be economically justifiable on grounds other than to obtain productive work from an alien.

US businesses may use H-3 trainees to develop a network of contacts throughout the world even if the participating trainees are not in the training company's employ.

For employer's qualifications, please contact IEI.

 

If you have questions, please contact
us at info@international-expediters.com
or call 703-209-9550

 

 

 
 

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