Rated by Super Lawyers 
Avvo - Rate your Lawyer. Get Free Legal Advice. Facebook Twitter Linked In
Eve Guillergan PLLC
Call now: (212)-279-9020
875 Avenue of the Americas, Suite 17-03; New York, NY 10001; Fax: (212)-202-5064

H-3 Visa Category

214.2(h)(7)(i) Alien trainee. 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. This category shall not apply to physicians, who are statutorily ineligible to use H-3 classification in order to receive any type of graduate medical education or training.

214.2(h)(7)(i)(A) Externs. A hospital approved by the American Medical Association or the American Osteopathic Association for either an internship or residency program may petition to classify as an H-3 trainee a medical student attending a medical school abroad, if the alien will engage in employment as an extern during his/her medical school vacation.

214.2(h)(7)(i)(B) Nurses. A petitioner may seek H-3 classification for a nurse who is not H-1 if it can be established that there is a genuine need for the nurse to receive a brief period of training that is unavailable in the alien's native country and such training is designed to benefit the nurse and the overseas employer upon the nurse's return to the country of origin, if:

214.2(h)(7)(i)(B)(1) The beneficiary has obtained a full and unrestricted license to practice professional nursing in the country where the beneficiary obtained a nursing education, or such education was obtained in the United States or Canada; and

214.2(h)(7)(i)(B)(2) The petitioner provides a statement certifying that the beneficiary is fully qualified under the laws governing the place where the training will be received to engage in such training, and that under those laws the petitioner is authorized to give the beneficiary the desired training.

Conditions

214.2(h)(7)(ii)(A)(1) The proposed training is not available in the alien's own country;

214.2(h)(7)(ii)(A)(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;

214.2(h)(7)(ii)(A)(3) The beneficiary will not engage in productive employment unless such employment is incidental and necessary to the training; and

214.2(h)(7)(ii)(A)(4) The training will benefit the beneficiary in pursuing a career outside the United States.

General Requirement

214.2(h)(7)(iv)(A)(1) The H-3 participant in a special education training program must be coming to the United States to participate in a structured program which provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.

214.2(h)(7)(iv)(A)(2) The petition must be filed by a facility which has professionally trained staff and a structured program for providing education to children with disabilities, and for providing training and hands-on experience to participants in the special education exchange visitor program.

214.2(h)(7)(iv)(A)(3) The requirements in this section for alien trainees shall not apply to petitions for participants in a special education exchange visitor program.

Description of training program

214.2(h)(7)(ii)(B)(1) Describes the type of training and supervision to be given, and the structure of the training program;

214.2(h)(7)(ii)(B)(2) Sets forth the proportion of time that will be devoted to productive employment;

214.2(h)(7)(ii)(B)(3) Shows the number of hours that will be spent, respectively, in classroom instruction and in on-the-job training;

214.2(h)(7)(ii)(B)(4) Describes the career abroad for which the training will prepare the alien;

214.2(h)(7)(ii)(B)(5) Indicates the reasons why such training cannot be obtained in the alien's country and why it is necessary for the alien to be trained in the United States; and

214.2(h)(7)(ii)(B)(6) Indicates the source of any remuneration received by the trainee and any benefit which will accrue to the petitioner for providing the training.