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H3 Trainee The H3 Visa is used by U.S. companies and institutions to bring foreign employees to the United States for a temporary period in order to participate in an established company training program. The training program may provide classroom training, or a combination of classroom and on-the-job training, which is unavailable in an alien’s home country. The H3 visa category is used primarily as a means of increasing the foreign employee’s knowledge and skills, thereby enhancing his or her worth to a company’s foreign operations or other appropriate foreign operations. The H3 visa category has special restrictions that apply to the temporary training of a foreign worker. Because of the prohibited requirements, only about 3,000 admissions in the H3 visa category are made each year. The H3 petition must therefore be carefully prepared in order to be approved under these irregular standards. The purpose of the H3 program is to train the alien, not to improve or enhance the employer’s production or employment situation. When deciding petitions for H3 trainees, the USCIS considers a number of factors concerning an existence of an actual training program. These include: 1.a description of the training and a portion of the training time that will be devoted to productive employment; 2. the number of hours devoted to classroom instruction; 3.the number of hours devoted to on-the-job training without supervision; 4. identification of the position of which the alien will fill when he or she returns abroad. The USCIS has ruled that repetition, review, and practical application of skills - without some new instruction - will not constitute a training program for purposes of training under the H3 visa. In other words, the program cannot consist exclusively of on-the-job training resulting in productive employment. The application will be filed by a U.S. company with the USCIS in order to bring the foreign employee to the United States to participate in an established training program. An outside limitation of two years is placed on the duration of the training. Once the preliminary petition is approved, the foreign national must take the approved notice to a U.S. counselate to obtain an H3 visa. If the foreign national is already present in the United States in a different non-immigrant category, or with a different employer, his or her status must be changed by filing a separate application in addition to the employees preliminary petition. |
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Florido & Florido, P.A. |
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Miami Lakes Office |
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contact us | e-mail us at info@floridolaw.com |
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