The H-3 classification (also known as the \u201ctrainee\u201d visa) allows an individual to enter the United States to receive training in any field or endeavor so that the individual may pursue a career outside the United States.<\/p>\n
The training can be in almost any field, including agriculture, commerce, communications, finance, government, transportation, and industrial. Only graduate medical training is prohibited with two notable exceptions: (1) professional nurses that did not qualify for H-1 classification can qualify for H-3 classification to receive brief training and (2) medical students granted a qualifying externship program may also qualify for H-3 classification. Since an H-3 candidate must prove to the USCIS that he or she is coming to the United States primarily to receive training that benefits the candidate, he or she must establish intent to return, including maintenance of a residence in the in candidate\u2019s home country.<\/p>\n
Requirements<\/strong><\/p>\n To qualify for an H-3 classification, an individual must establish the proposed training program meets four conditions, and does not trigger eight restrictions.<\/p>\n Once an individual attain H-3 status, it may last up to two years. Although an individual in H-3 status can engage in employment \u201cincidental and necessary to the training\u201d, it is recommended that the H-3 individual and the petitioning training organization consult a lawyer before allowing such employment. A substantial deviation from an individual\u2019s authorized training violates an individual\u2019s H-3 status and subsequently may render the individual deportable.<\/p>\n The most common (and problematic) scenario is when an H-3 candidate works with a company\u2019s regular workers. Although such \u201chands-on experience\u201d is allowed, the USCIS will analyze the employment to see if it is \u201cincidental and necessary\u201d to the training. The USCIS looks at multiple factors, but two key considerations are that (1) the employment does not displace U.S. workers, and (2) whether the company is attempting to staff its U.S. operations with workers disguised as \u201ctrainees.\u201d Again, if a company or individual has any questions, they should consult an experienced immigration attorney.<\/p>\n Filing Procedures<\/strong><\/p>\n Since the current H-3 requirements are clearly laid out, a training program that meets the required conditions and avoids the USCIS\u2019 restrictions has a reasonably good chance of qualifying as a valid program for H-3 purposes. The critical thing to keep in mind is that the H-3 classification is for trainees; if an individual wants to gain permanent employment in the United States, he or she should pursue other immigration options.<\/p>\n","protected":false},"excerpt":{"rendered":" The H-3 classification (also known as the \u201ctrainee\u201d visa) allows an individual to enter the United States to receive training in any field or endeavor so that the individual may pursue a career outside the United States. The training can be in almost any field, including agriculture, commerce, communications, finance, government, transportation, and industrial. Only…<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"open","template":"","meta":{"footnotes":""},"class_list":["post-7755","page","type-page","status-publish","hentry","page-entry","loop-entry clr"],"yoast_head":"\n\n
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