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Like the J-1 visa, the H-3 Trainee Visa is available to foreign nationals who want to work in the US in order to gain skills through an employment experience. The H-3 requires that the experience be of the type that is not readily available in the trainee’s home country. The H-3 classification applies to aliens (beneficiaries) coming temporarily to the U.S. to participate in a training program. There are general H-3’s, and those coming for special education training. There is currently no annual cap on H-3 admissions to the U.S.
The petitioning employer or sponsors must demonstrate that the:
Proposed training is not available in the beneficiary’s home country
Beneficiary will not be placed in a position which 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.
Caveats: H-3 status is not appropriate for graduate education. Petitioning employers may not use H-3 classification for training programs primarily designed to benefit the U.S. companies and/or where U.S. workers would be employed but for the trainees’ services.
Spouses and children may accompany H-3 trainees to the US.
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