From Now Until December 31st
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When we explain the H-3 Trainee Visa to our clients, many of them are unaware that such a visa exists. The H-3 Trainee Visa has several benefits such as no minimum education, allows for remuneration, no quota (unless under the Special Education Exchange Visitor category) an initial approval of two years. In addition, the spouse and children may obtain H-4 status. In order to obtain H-3 classification, the U.S. employer or organization must file a Form I-129, Petition for Nonimmigrant Worker.
The H-3 Trainee Visa category allows foreign nationals to receive instruction and training (other than graduate medical education or training) in the U.S. for up to two years. The training must be one “that is not designed primarily to provide productive employment.” USCIS does not want the trainee to perform work that an H-1B beneficiary would perform.
The purpose is for the foreign national to obtain training in the U.S. that they can use to pursue their profession in their home country. Each trainee must demonstrate nonimmigrant intent by having an un-abandoned residence in a foreign country. To this end, the requirements are the following:
The core of the H-3 petition revolves around the training in the U.S. There is a higher likelihood of success for an H-3 petition if the purpose of the training is to prepare the foreign workers for tasks outside the U.S that will benefit the U.S. employer. In our last H-3 visa application, the petitioner employed less than 10 full-time employees and did not have a training program in place (and had never filed an H-3 visa petition before). The beneficiary had a medical background and advanced degree in the medical field. The training program was in in healthcare management which he would return and implement in his native country.
There are many reasons why USCIS might deny an H-3 petition. A few reasons include:
An H-3 Trainee who has completed two years of training may not have his or her status extended or changed or be readmitted to the U.S. with another H or L visa unless he or she has resided outside the U.S. for at least six months. However, trainees whose training time in the U.S. is intermittent and/or does not reach an annual aggregate of at least six months are not subject to the two-year limitation on training.
The “Special Education Exchange Visitor” category is subject to a numerical cap of 50 and is limited to an 18-month stay. A petition requesting an H-3 “special education exchange visitor” must be filed by a facility which has professionally trained staff and a structured program for providing education to children with disabilities, and for providing training and hands-on experience to participants in the special education exchange visitor program.
The petition must be filed by facility that has professional, trained staff and a structured program for children that provides training and hands-on experience. If in the U.S. for 18 months under H or L status, the foreign national cannot seek to change or extend status or obtain readmission under H or L categories unless he or she has resided and been physically present outside of the U.S. for the immediate prior six (6) months.
A hospital approved by the American Medical Association (AMA) or the American Osteopathic Association (AOA) for either an internship or residency program may petition to classify a student attending a medical school abroad as an H-3 trainee, if the alien will engage in employment as an intern during his or her medical school vacation.
Nurses may obtain H-3 visas if they have an unrestricted license in the country where they received the medical education, or if the education was obtained in Canada/U.S., and the petition proves that the nurse is qualified to receive the training under state law.
Please give us a call to discuss your case. In-person consultations are available Monday through Friday from 8:00 am to 8:00 pm and Saturdays from 8:00 am to 5:00 pm. Please call our office at 301-529-1912 , text us, submit a request for consultation form below.
Please be sure to provide a timeline of events along with details of your entire immigration history.