The H-3 is a training visa that can be valid for up to two years, but will generally be granted for the period of time that training will occur. The visa is designed for foreign nationals to pursue training programs that are not available in their home countries. There is no prevailing wage associated with H-3 employment.
In order to obtain H-3 classification, a U.S. employer or organization must demonstrate that:
- The proposed training is not available in the foreign national’s native country;
- The foreign national will not be placed in a position which is in the normal operation of the business and in which U.S. citizens and resident workers are regularly employed;
- The foreign national will not engage in productive employment unless such employment is incidental and necessary to the training; and
- The training will benefit the beneficiary in pursuing a career outside the United States.
Each H-3 petition for a trainee must include a statement that:
- Describes the type of training and supervision to be given, and the structure of the training program;
- Sets the proportion of time that will be devoted to productive employment;
- Shows the number of hours that will be spent, respectively, in classroom instruction and in on –the-job training;
- Describes the career abroad for which the training will prepare the foreign national;
- Indicates the reasons why such training cannot be obtained in the foreign national’s country and why it is necessary for the foreign national to be trained in the United States; and
- Indicates the source of any remuneration received by the trainee and any benefit which will accrue to the employer/organization for providing the training.
A training program may not be approved which:
- Deals in generalities with no fixed schedule, objectives or means of evaluation;
- Is incompatible with the nature of the petitioner’s business or enterprise;
- Is on behalf of a foreign national who already possess substantial training and expertise in the proposed field of training;
- Is in a field in which it is unlikely that the knowledge or skill will be used outside the United States;
- Will result in productive employment beyond that which is incidental and necessary to the training;
- Is designed to recruit and train foreign nationals for the ultimate staffing of domestic operations in the United States;
- Does not establish that the petitioner has the physical plant and sufficiently trained manpower to provide the training specified; or
- Is designed to extend the total allowable period of practical training previously authorized a nonimmigrant student.