H-3 ALIEN TRAINEES
The H-3 classification applies to aliens (beneficiaries) coming temporarily to the U.S. on a visa to participate in a training program (i.e., internship visa, trainee visa). There are general H-3 beneficiaries, and those coming for a special education training.
The petitioning employer or sponsor must demonstrate that:
- Proposed training is not available in the beneficiary’s home country;
- Beneficiary will not be placed in a positionwhich is in the normal operation of the business, and in which citizens and resident alien workers are regularly employed;
- Beneficiary will not be productively employed except as incidental to training;
- Training will benefit beneficiary in pursuing a career outside the U.S.
H-3 status is not appropriate for graduate education, including medical training, except under special circumstances, but applies to an alien coming temporarily to participate in a special education training program in the education of children with disabilities. There is a numerical limit (or “cap”) on the number of H-3 special education exchange visitors. No more than 50 applications may be approved in a fiscal year.
In order to obtain H-3 classification, the U.S. employer or organization must file a Petition for Nonimmigrant Worker demonstrating all the above mentionedrequirements.
If the petition is approved, the trainee may be allowed to remain in the United States for up to 2 years. If the trainee petition is approved for a special education exchange visitor, the trainee may remain in the United States for up to 18 months.
Tra inees’ spouses and children who are under the age of 21 may accompany them to the United States as H-4 nonimmigrants. However, H-4 nonimmigrants are not permitted to work in the United States.