New York H-3 Training Visas Attorney

The proposed training is not available in the beneficiary’s own country.
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.
The beneficiary will not engage in productive employment unless such employment is incidental and necessary to the training.
The training will benefit the beneficiary’s career outside the United States.

Describe the type of training and supervision to be given and the structure of the training program.

Describe the amount of time devoted to productive employment, if any.

Show the number of hours spent in classroom instruction and on-the-job training.

Describe the career abroad for which the training will prepare the beneficiary.

Describe the reasons why the beneficiary cannot be trained in his or her own country and why he or she needs to be trained in the United States.

Describe the source of remuneration to be paid the trainee.

Describe the benefit to the petitioner for providing the training.

Deal in generalities with no fixed schedule, objectives, or means of evaluation.

Be incompatible with the nature of the petitioner’s business.

Be on behalf of a beneficiary who already has substantial training or expertise in the field.

Be in a field which is unlikely to be useful outside the United States.

Result in productive employment which is more than incidental or necessary to the training.

Involve insufficient physical plant or insufficiently trained manpower to provide the training.

Be used to extend practical training to a foreign student.

Admission can be 10 days earlier than the start date.

An H-3 trainee who has spent 24 months in the United States may not seek extension, change of status, or be re-admitted to the United States in H or L status unless he or she has resided outside the United States for the immediate prior six months, unless the person did not reside continually in the United States, and the training in the United States was seasonal or intermittent or was for an aggregate of six months or less per year.

Hospitals may petition for H-3 externs if:

The hospital is AMA or AOA approved for internships or residency programs;

The trainee is a medical student attending a medical school abroad;

The trainee will engage in employment as an extern during his or her medical school vacation.

Sponsor/petitioners may petition for H-3 nurses if:

There is a genuine need for the nurse to receive brief training;

The training is unavailable in his or her country;

The training is designed to benefit the nurse and the overseas employer upon return to the nurse’s country of origin, and provided:

• a. The nurse has a full and unrestricted license to practice professional nursing in the country where he or she obtained nursing education, or if educated in the United States or Canada and
• b. The petitioner provides a statement indicating the nurse is fully qualified where the training will take place to engage in the training, and the petitioner is authorized to provide the training in its jurisdiction.

The trainee must come to the United States to be in a structured program that provides practical training and experience in the education of children with physical, mental, or emotional disabilities.

The petitioner’s facility must have 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.

The requirements for alien trainees above do not apply for participants in special education exchange visitor programs. The requirements for this program are:

• a. Custodial care of children must be incidental to the training.
• b. The trainee must be nearing completion of a baccalaureate or higher degree in special education, or already holds such a degree, or has extensive prior training and experience in teaching children with physical, mental, or emotional abilities.

There is an annual cap of 50 visas to be issued to participants in special education exchange visitor