H-3 Visa for Company Trainees Coming For On The Job Training
The H-3 category is used for applicants coming the United States principally for training purposes in which they will receive compensation. The training can be from an employer in any field of endeavour, other than graduate education and training. Also, the training cannot be used to provide productive employment and cannot be available in the individual's home country.
H-3 status is not appropriate for graduate education, including medical training, except under special circumstances. 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 trainee services.
The petitioner is required to demonstrate that:
(1) The proposed training is not available in the alien's own country;
(2) The beneficiary will not be placed in a position which is in the normal operation of the business and in which citizens and resident workers are regularly employed;
(3) The beneficiary will not engage in productive employment unless such employment is incidental and necessary to the training; and
(4) The training will benefit the beneficiary in pursuing a career outside the United States.
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