NRILinks Immigration
H-3 - Trainees
 

Aliens coming to the United States to take training in established training programs with U.S. employers are classified as non-immigrants under Section 101 (a)(15)(H)(iii) of the INA, 8 U.S.C. Section 1101 (a)(15)(H)(iii). The training is specifically oriented toward employment: the INS regulations recognize industrial establishments as suitable petitioner for H-3 status, as well as businesses in agriculture, commerce, finance, government, transportation and the professions. Excluded, however, are aliens coming to the United States to receive graduate medical education or training. The training must be pursuant to an established training program, and can involve both classroom instruction and on the job training. The alien can be paid while receiving the training and some benefit can accrue to the employer from the activities of the alien. However, the proposed training must not be available in the aliens home country and the training must benefit the alien in pursuing employment outside the United States. In addition, the alien cannot engage in productive employment that will displace a U.S. worker.