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The H-3 trainee is a nonimmigrant who seeks to enter the United States at the invitation of an organization or individual for the purpose of receiving training in any field of endeavor, such as agriculture, commerce, communications, finance, government, transportation, or the professions, as well as training in a purely industrial establishment.
Eligibility Criteria
An H-3 classification applies to an alien who is coming temporarily to the United States as:
- A trainee, other than
to receive graduate medical education or training,
or training provided primarily at or by an academic
or vocational institution, or
- A participant in a special education exchange visitor program which provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
The petitioner is required to demonstrate that:
- The proposed training is not available in the alien's own country
- 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
- The beneficiary will not engage in productive employment unless such employment is incidental and necessary to the training
- The training will benefit the beneficiary in pursuing a career outside the United States
Services or Training for more than one Employer
If the beneficiary will perform nonagricultural services for, or receive training from, more than one employer, each employer must file a separate petition with the Service Center that has jurisdiction over the area where the alien will perform services or receive training, unless an established agent files the petition.
Duration of Stay
An approved petition for an alien trainee shall be valid for a period of up to two years. An H-3 alien participant in a special education program who has spent 18 months in the United States and an H-3 alien trainee who has spent 24 months in the United States may not seek extension, change status, or be readmitted to the United States unless the alien has resided and been physically present outside the United States for the immediate prior 6 months.
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