H – 3 Non-Immigrant Trainees

 

This visa category allows foreign nationals coming temporarily to the United States as either:

  • Trainees to receive training in any field of endeavor, except graduate medical education or training, that is not available in the foreign national’s home country; or
  • Special Education Exchange Visitors to participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.

Eligibility:

A”trainee” must be invited by an individual or organization for the purpose of receiving training.

U.S. employer or organization must demonstrate that:

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

The trainee may be allowed to remain in the United States for up to 2 years, if petition is approved. For a special education exchange visitor, the trainee may remain in the United States for up to 18 months.


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