An H-3 trainee is a nonimmigrant who seeks to enter the United States at the invitation of an organization or individual for the purpose of receiving training in any field of endeavor. This category does not apply to physicians, who cannot use H-3 classification to receive any type of graduate medical education or training.
Some employment is permitted for the H-3 trainee if it is incidental and necessary to the training, but the training program may not be designed primarily to provide productive employment. A substantial salary offered to the trainee and a long, repetitious training program consisting primarily of on-the-job training are two factors in the determination of whether the training offered was actually productive employment.
To be eligible, the H-3 petitioner must demonstrate that the proposed training is not available in the beneficiary’s own country; that the beneficiary will not be placed in a position where U.S. citizens and residents are regularly employed; that the beneficiary will not be engaged in productive employment unless it is incidental and necessary to the training; and the training will benefit the beneficiary in pursuing a career outside of the United States.
The USCIS may approve an H-3 petition for up to two years. Any extension of stay may be approved for a total period in H-3 status lasting no more than the two-year maximum. However, an H-3 beneficiary who has been in the United States for two years in an H or L status may not seek an extension, change status, or be readmitted to the United States in H or L status unless he or she has resided and been physically present outside the U.S. for the immediate prior 6 months.