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Publications

September, 2011

TRAINING VISAS (H-3)

The H-3 visa is a nonimmigrant visa that allows the recipient to work and receive a Social Security Card and to remain in the U.S. for two years.  Ostensibly, the program of training is not supposed primarily to provide productive employment for the petitioning individual or organization.

To qualify the applicant must have a residence abroad to which he/she will return.  The training must be unique to the U.S.: not available in the applicant’s country.  Productive employment must be incidental and a necessary part of the training.  The H-3's purpose is to enable the applicant to apply the skills learned here to a career abroad.

The instruction the applicant must receive includes a description of the teaching schedules, weekly or bi-weekly, and the details of the objectives of each time frame the employer needs to design and to verify that the trainees learning curve and to verify that the training program is succeeding according to the company’s view of what it seeks the candidate to learn.

The training program has to be consistent with the nature of the petitioner’s business and this program is not meant for an applicant who is already expert in the areas being taught.  The training cannot be intended to benefit the petitioner’s own staffing needs.   Lastly, it must be established that the petitioner has the staff and the physical capacity to enable the company to properly train the alien.

An example would be:   an American cheese manufacturer and supplier who has a young French candidate who has worked in France for a cheese manufacturer there.  The company in France wishes that this employee learn how American purveyors market their products in the U.S. to improve ultimately the French company’s introduction to the U.S. market.  The French candidate would learn here that the merchandisers in the cheese industry in the U.S., in advertising emphasize nutrition and that their product is not too fattening.  In France advertisers primarily emphasize taste.  The French candidate’s purpose here would be to learn more about selling in the American market so he can help his French company to be more capable in acquiring American business.  The U.S. cheese company would learn from the candidate how French manufacture cheese for its superior taste and how the French company advertises in France.

H-3 petitions require the employer to cite the details of the training program, the proportion of time that will be spent in productive work that would be minimal, how much time is scheduled for on the on-job training and how the program  will be supervised, and how the  training will prepare the candidate for work in his/her country. An explanation of why the applicant cannot obtain this training in the applicant’s country must be shown and lastly the U.S. company has to show in what way this training program will benefit the U.S. company itself..

The H-3 may be granted for a maximum of two years.  The H-3 candidate may not change status or be readmitted to the U.S. as an H or L visa holder unless he/she stays abroad for at least six months.

For H-3 doctors may be approved for internship at AMA or AOA hospitals.  Nurses may also obtain H-3 visas provided they have had an unrestricted license in the country where they received their training or if they’ve received their training in Canada or the U.S. they need to
prove their licensing here.

An example would be:   an American cheese manufacturer and supplier would have a young French candidate who: worked in France for a cheese manufacturer there.   The company in France wishes that this employee learn how American purveyors market their products in the U.S. to improve ultimately their introduction to the U.S. market.  The French candidate would learn that the merchandisers in the cheese market in the U.S. emphasize nutrition and that the product is not too fattening.   In France the French advertisers primarily emphasize taste.  The French candidate’s purpose would be to learn more about the American market so he can help his French company to be more capable in acquiring American business.  The U.S. cheese company would learn from the candidate how the French manufacture cheese for its superior taste and how the French company advertises in France.           


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New York Immigration Lawyers > Immigration Publications > September 2011
Publications

Featured

GREEN CARD PARDONS FOR UNDOCUMENTED WHO ARE SPOUSES OR CHILDREN OF CITIZENS

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February 2012

DRUG OFFENSES - WAIVERS? OR PARDONS?

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January 2012

EB-5 VISA FOR INVESTORS WHO FORM A NEW ENTERPRISE

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FINALLY - RELIEF FOR MANY UNDOCUMENTED!

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December 2011

J EXCHANGE VISAS

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SKILLED IMMIGRANT VISAS FROM CHINA & INDIA SHOULD DOUBLE IN NUMBERS WITH NEW LAW

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DEPORTATIONS REVIEWED, PROSECUTORIAL DISCRETION

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SELF- PETITIONS - PROVISIONAL RESIDENTS SEPARATED OR DIVORCED FROM U. S. SPOUSES

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November 2011

U VISAS: VICTIMS OF TRAFFICKING AND VIOLENCE

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September 2011

BPARTNERS AND INELIGIBLE FAMILY MEMBERS: B-2 STATUS & EXTENSIONS

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BUSINESS VISAS FOR START UP COMPANIES

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TRAINING VISAS (H-3)

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August 2011

ENTREPRENEURS - SELF PETITIONS

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WAIVERS

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July 2011

REMOVAL, PHYSICAL

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PROSECUTORIAL DISCRETION: FOCUSING ON ENFORCEMENT PRIORITIES

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INVESTORS : IMMIGRANT VISAS: EB-5

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INVESTOR VISAS E-2

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June 2011

NATURALIZATION, WHY & HOW

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CHILD CITIZENSHIP ACT

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ADVANCE PAROLE

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May 2011

O VISAS FOR EXTRAORDINARY ABILITY IN BUSINESS, SCIENCE, ARTS OR ATHLETICS

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SAME SEX MARRIAGE, REPRIEVE OF DEPORTATION

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K-1 FINANCE VISA AND DIVORCE

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April 2011

H-1B PETITIONS FOR FISCAL YEAR 2012

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GUILTY PLEAS TO CRIMES – IMMIGRATION IMPACT

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VAWA- VIOLENCE AGAINST WOMEN ACT

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DETENTION OF IMMIGRANTS

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March 2011

REMOVAL REMEDIES

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U VISA

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February 2011

Asylum Application filed late: What are your options?

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January 2011

CONSULAR VISA PROCESSING

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PROSECUTORIAL DISCRETION

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VOLUNTARY DEPARTURE - WHAT HAPPENS IF AN ALIEN FAILS TO LEAVE?

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December 2010

DRIVING WITHOUT A LICENSE AND STOPPED BY POLICE

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H-1B VISA AVAILABILITY SOON TO CLOSE

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APPEALS TO THE BOARD OF IMMIGRATION

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November 2010

J-1 WAIVER OF THE TWO YEAR FOREIGN RESIDENCE REQUIREMENT FOR EXCHANGE VISITORS

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CO-SPONSORSHIP, AFFIDAVITS OF SUPPORT

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WORK AUTHORIZATION

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DERIVATIVE CITIZENSHIP FOR CHILDREN BORN ABROAD

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October 2010

CITIZENSHIP APPLICATIONS

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T and U VISAS, REVISIONS TO THESE PROGRAMS

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APPEALS OR MOTIONS TO REOPEN AND RECONSIDER IN ASYLUM CASES AND JUDICIAL REVIEW

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DEPORTATIONS: SHIFT IN U.S. POLICY

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September 2010

RELIGIOUS IMMIGRANT WORKERS

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INTRA-COMPANY TRANSFEREE (L-1)

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PARDON REVIEW PANEL

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August 2010

TEMPORARY VISITORS (B-1 BUSINESS, B-2 PLEASURE) AND EXTENSIONS OF STAY

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BATTERED SPOUSES, PARENTS AND CHILDREN

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FIANCE(E) OF U.S. CITIZEN (K-1)

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July 2010

GREEN CARDS, NEW, SECURE AND PRIVATE, VALID FOR TEN YEARS

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DEPORTATION ORDERS MAY BE REOPENED

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June 2010

NATURALIZATION

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May 2010

Help for Immigration cases in Arizona

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April 2010

H-1B WORK VISAS

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March 2010

U.S. CITIZENSHIP FOR FOREIGN BORN & ADOPTED CHILDREN

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February 2010

TEMPORARY PROTECTED STATUS (TPS)

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ASYLUM

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January 2010

EXTENSION OF STAY AND CHANGE OF STATUS

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December 2009

GREEN CARDS

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November 2009

H-1B, SPECIALTY OCCUPATION

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October 2009

ASYLUM WAIVER APPLICATION

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September 2009

TPS DENIALS MAY NOW BE APPEALED TO AN IMMIGRATION JUDGE

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August 2009

INTRA-COMPANY TRANSFEREES (L-1)

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ASYLUM FOR BATTERED WOMEN

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July 2009

DEATH OF A U.S. PETITIONER:

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June 2009

ARRESTS OF UNDOCUMENTED ALIENS

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May 2009

CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS

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April 2009

VISITORS AND BUSINESS VISAS

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March 2009

RAIDS AND ROUNDUPS, IMMIGRATION

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February 2009

SPECIALTY OCCUPATION H-1

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January 2009

DEPORTATION ORDERS REOPENED

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December 2008

DIVORCE DOES NOT AUTOMATICALLY INVALIDATE

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November 2008

WHAT WE MAY EXPECT FROM PRESIDENT-ELECT OBAMA’S FIRST TERM

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CANADA OR MEXICO THREE YEAR PROFESSIONAL WORK VISAS

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October 2008

NEW BUSINESS START UP: L OR E VISAS

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September 2008

EXTENSIONS OF TEMPORARY STATUS

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August 2008

CHILDREN OF U.S. CITIZENS

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July 2008

MOTIONS TO REOPEN BASED ON CHANGE OF CIRCUMSTANCES AND NEW EVIDENCE

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June 2008

CHILD STATUS PROTECTION ACT, RECENT REVISIONS

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SPECIALIZED KNOWLEDGE FOR INTRA-COMPANY TRANSFEREES

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May 2008

EXTRAORDINARY ABILITY

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LABOR CASES - HIGHER EDUCATION

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April 2008

PAROLED ALIENS, ARE ELIGIBLE FOR GREEN CARD

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March 2008

IMMIGRANT, PUBLIC BENEFITS

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February 2008

IMMIGRATION INJUSTICE CORRECTION

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January 2008

FAST ACTION FOR IMMIGRATION DELAYS

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December 2007

BATTERED SPOUSE OR CHILD

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REVIEW OF GREEN CARD DENIAL

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November 2007

DIVERSITY VISA PROGRAM, 2009 LOTTERY

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September 2007

DETENTION AND REMOVAL, HELP AVAILABLE

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August 2007

A WAY TO OBTAIN RESIDENCE

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July 2007

EMPLOYMENT VISAS

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June 2007

IMMIGRATION REFORM

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