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.
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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