The H-3 nonimmigrant visa category is available for a worker who is 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 is also available for workers who are coming temporarily to the U.S. to participate in a special education training program for children with physical, mental, or emotional disabilities. There is a limit of 50 visas per fiscal year allocated to H-3 aliens participating in special education training programs.
The training program must be one that is not designed primarily to provide productive employment. The petition for the H-3 must, by regulation, present evidence that:
- The proposed training is not available in the foreign worker’s country
- The training will benefit the beneficiary in pursuing a career outside the U.S.
- No productive employment is involved unless it is incidental and necessary to the training and pursuing a career abroad
- The beneficiary must not be placed in a position that is in a normal operation of the business in which citizenship/resident workers are regularly employed.
The petition should also include:
- The reason why the training program is not available in the home country
- How the program benefits the petitioner
- The source of the remuneration for the trainee
- The position and duties of the training program
- The number of hours of supervised and unsupervised training
- The number of hours of classroom instruction
- The proportion of time devoted to productive employment
- The type of training, supervision and structure of the training program
CONTACT A BOARD-CERTIFIED IMMIGRATION ATTORNEY AT ADAN G. VEGA & ASSOCIATES, PLLC
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