USA visas: Training

There are various types of USA visas specifically designed for the training of aliens in a designated area or in general areas of employment within the United States.

They are as follows:

The J -1 Visa

This is known as the exchange visitor’s visa. A foreign person seeking to enter and remain in the states on this US visa status must demonstrate that he/she is a bona fide trainee, student, professor or researcher, short term scholar, non-academic specialist, foreign physician, camp counsellor, international visitor, government visitor, au pair or summer student in a travel/work program who is entering the United states to participate in an exchange visitor program that has been designated by the Department of States and whose participation includes such engagements as teaching, studying, observing, conducting research, consulting or receiving training.

The applicant must demonstrate that he/she has no intention of abandoning his foreign residence outside of the states. A fluency in the English language and an ability to financially support oneself in the US must also be established.

Sufficient medical insurance for accidents and illness must be obtained in the minimum amount of $50,000 per accident or illness.

USA immigration rules have provided for 22,770 foreign youths to enter and remain in the United States as au pairs in American host families seeking child care. Additionally, a second au pair programme, EduCare, has been implemented by the DOS which incorporates a greater academic component and comprises less child care.

Certain J visa holders must return to their home country or country of last residence upon the completion of their training in the U.S for two years before they can apply for USA green cards i.e. US permanent residence or adjust or change of status to H or L non-immigrant status. They consist of the following:

Those whose participation in the program was financed in whole or in part, directly or indirectly by an agency of the government of the U.S or by the government of his nationality or last residence, who at the time of admission or acquisition of status was engaged in a field which was on the DOS skills list or who came to the US or acquired J status after Jan 10th 1977 to receive graduate medical education or training.

The USCIS can grant a waiver upon favourable recommendation for such by the DOS.

 

The H-3 Visa

USA visas in this category are issued to those who seek to engage in temporary work which involves receiving instructions and training other than graduate medical education or training. The training program must be one that is not designated for the purpose of primarily providing productive employment.

The proposed training must not be available in the alien’s home country.

The beneficiary must not be placed in a position which US citizens and legal residents are regularly employed.

The beneficiary must not be engaged in productive employment unless it is incidental and necessary to the training and pursuing a career outside of the United States.

The training must be designed to benefit the beneficiary in pursuing a career outside of the United States.

The employer must file a petition on form I-129 and the petition must be approved prior to the visa application.

The beneficiaries of H-3 USA visas are admitted into the US for the length of the training program but in any event for not more than two years.

Please do not hesitate to contact our USA immigration lawyers for further information on the J-1 visa and H-3 visa. Detailed discussions on US green cards and all other categories of USA visas are also available through arranged consultations.
 
Please do not hesitate to contact our US immigration lawyers for advice on employment based US green cards.

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