In order to obtain H-3 classification, a U.S. employer or organization must demonstrate that:

• The proposed training is not available in the alien’s native country;
• The alien will not be placed in a position which is in the normal operation of the business and in which U.S. citizens and resident workers are regularly employed;
• The alien will not engage in productive employment unless such employment is incidental and necessary to the training; and
• The training will benefit the beneficiary in pursuing a career outside the United States.