H-3 Trainees

The H-3 classification applies to a foreign national who is a temporary worker who is sponsored by a U.S. employer for purposes of receiving instruction and training other than graduate medical education or training. The employer must demonstrate the following in a petition submitted to the USCIS:

  • The proposed training is not available in the foreign national’s own 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 foreign national in pursuing a career outside the United States.

The sponsoring employer is also required to include with the petition a detailed formal training plan for the entire period in which the H-3 trainee will be in the U.S. An approved petition can be valid for up to two years. If the H-3 trainee does complete the full two years, she or he will be ineligible for H-1B status unless the H-3 trainee departs the U.S. for at least six months.

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