IMMIGRATION LAW PRACTICE                              
EB1(a), EB1(b), EB1(c) & NIW 99% Approved !
H-1B, O-1A, L-1A, L-1B 99% Approved !

H-3

H-3 visas re issued to temporary worker invited by an individual or organization for purposes of receiving instruction and training other than graduate medical education or training.  The training program must be one "that is not designed primarily to provide productive employment.  Applicants must have residence in a foreign country, which he or she does not abandon.  Therefore H-3 applicants can not possess immigration intent.  As an alternative to H-1B, H-3 is not subject to any annual cap and therefore applicants can for any time of the year if they have not been selected by the USCIS in the H-1B process.  It is to be noted, however, an H-3 applicant should avoid a training program that lasts longer than 2 years, because no extension, change of status or readmission to H or L status granted after the 2 years unless alien resided and is physically present out of the U.S. for 6 months.  Our office handles H-3 applications with a 100% approval rate.  Please contact us for a free consultation.  See following for some of the key regulations regarding H-3 visa. 

8 C.F.R. Section 214.2(h)(7) provides 

(1) Proposed training not available in alien’s home country;
(2) Beneficiary will not be placed in a position that is in the normal operation of the business in which citizen and resident workers are regularly employed;
(3) No productive employment unless it is incidental and necessary to the training and pursuing a career outside the U.S.
(4) The training will benefit the beneficiary in pursuing a career outside the U.S.  See 8 C.F.R. §214.2(H)(7)(ii)(A)


8 C.F.R. Section 214.2(h)(7)(ii)(B) further requires a description of training program, including
(1) Describes the type of training and supervision to be given, and the structure of the training program;
(2) Sets forth the proportion of time that will be devoted to productive employment
(3) The beneficiary will not engage in productive employment unless such employment is incidental and necessary to the training; and 
(4) The training will benefit the beneficiary in pursuing a career outside the United States. 

However, if the program has any of the following flaws, it is unacceptable:

(1) Deals in generalities with no fixed schedule, objectives, or means of evaluation;
(2) Is incompatible with the nature of the petitioner’s business or enterprise;
(3) Is on behalf of a beneficiary who already possesses substantial training and expertise in the proposed field of training;
(4) Is in a field in which it is unlikely that the knowledge or skill will be used outside the U.S.;
(5) Will result in productive employment beyond that which is incidental and necessary to the training;
(6) Is designed to recruit and train aliens for the ultimate staffing of domestic operations in the U.S.;
(7) Does not establish that the petitioner has the physical plant and sufficiently trained manpower to provide the training specified; or 
(8) Is designed to extend the total allowable period of practical training previously authorized a non-immigrant student

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