H-3 Visas – An Alternative to

Although the H-3 is a relatively restrictive visa category, it can sometimes serve as an alternative for alien beneficiaries who are coming to the U.S. for training purposes. The H-3 Visa, which is a trainee visa, allows entry for the temporary training of a foreign worker. The L Visa is one that allows multi-national corporations to transfer managers, executives, and workers with specialized knowledge to their U.S. locations for a limited period of time. Neither the L Visa nor the H-3 Visa require a Bachelor’s degree or higher in the related field. But, unlike the L-1, the H-3 does not require that the alien beneficiary have worked or plan to work for the organization for any period of time, only that they train with them. Generally speaking, the training must take place in an established company training program and must be unavailable in the alien beneficiary’s home country. The H-3 Visa allows U.S. companies and institutions to bring over trainees for a limited period of time, up to an outer limit of two years. Although there are many pitfalls involved in preparing this kind of application, in the right situation an H-3 Visa may be the perfect answer. Here are some of the most common reasons that H-3 Visas are denied: 1. Nonexistence of a Structured Program Although the USCIS does not explicitly require that the training program in question is pre-existing, they do require a great deal of explicit information about the structure and schedule of the program. The existence of an actual training program must be able to be documented, and if it has been created for a particular trainee, then the USCIS will be scrutinizing the petition very closely. The program must be highly-structured, well-organized, and compatible with the nature of the petitioner’s business for the H-3 petition to be successful. 2. Too Much On-The-Job Training/Productive Employment In reviewing an H-3 application, the USCIS will be on the lookout for the potential of the alien beneficiary displacing a U.S. worker. As such, any program that puts an emphasis on on-the-job training, especially without supervision, will be treated as suspect. 3. Subsequent Placement of a Trainee with a U.S. Office The H-3 Visa is not a vehicle for training alien beneficiaries for eventual placement in U.S. operations. Therefore, a successful H-3 petition will contain a description of the overseas position for which the alien is being trained. 4. Availability of the Training in the Alien’s Home Country The H-3 Visa is available for alien beneficiaries to undergo training that is unavailable in their home country. If it is available in their home country, the visa application will be denied. 5. Lack of Usefulness of the Training in the Alien’s Home Country While there is no requirement that the alien beneficiary of an H-3 Visa be employed by the training company or institution in the future, there must be a need for the specific training in the alien’s home country. This creates a difficult situation, where the training must be both necessary and unavailable in the beneficiary’s home country. 6. Mere Enhancement of Previously-Acquired Skills The USCIS requires, for an H-3 Visa, that the alien beneficiary is acquiring new skills. Again, this requirement creates a difficult situation where the alien must be qualified and prepared for the training, but not have too much practical experience, so as to risk the appearance of using the visa for productive employment. As is the case with many non-immigrant visa categories, the alien beneficiary must also maintain a foreign residence with no intent to abandon it as evidence of an intention to return abroad. As noted earlier, the H-3 Visa category is restrictive, and can be very tricky. In the right situation, however, it can be the perfect alternative to an L-1 Visa. --------------------------- 本文由範毅禹律師事務所提供 本律師事務所精辦各類勞工應聘及專業移民申請 (包括H-1，L-1，EB-1，EB-2，NIW，勞工卡，綠卡等申請)。所有申請由多位美籍律師及擁有15年經驗的範毅禹律師親自處理，我所並特設中英移民網站。內有最新移民新聞資訊及由律師主持的移民問答集，歡迎讀者流覽查詢。 www.Fan-Law.com CALIFORNIA : Fan & Fitzpatrick, P.A. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan & Fitzpatrick, P.A. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]