Page 9 - IACC Newsletter October November 2013 Issue 13

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The H-3 Visa:
Another Way to Facilitate U.S.-India Business
In his meeting with President Barack Obama in
September of this year, Prime Minister Manmohan
Singh noted that “India and America are working
together to give our cooperation a new sense of
purpose, widening and deepening in diverse
directions.” As economic collaboration between the
United States and India deepens, the five U.S. visa-
issuing posts in India—New Delhi, Mumbai, Kolkata,
Hyderabad, and Chennai—continually strive to better
facilitate U.S. travel through dialogue with businesses
and business organizations.
Representatives of the United States Mission in India
frequently engage in dialogue with companies and
business organizations. In these meetings, consular
officers address questions about visa processes and
share information about consular services and the
wide array of visa categories available to meet
prospective travelers' needs. In the last fiscal year,
over 763,000 Indian nationals received visas to travel
to the United States for a variety of reasons, from
attending business meetings and trade expositions to
studying or visiting relatives.
In the November IACC newsletter for the Tamil Nadu
chapter, we discussed the J-1 visa category as a
possible option for lengthy training in the United
States. Those interested in applying for designation
to become an exchange visitor sponsor can refer to
the Department of Homeland Security's User Manual
for Temporary Users of SEVIS or contact the Office of
Private Sector Exchange and ask to speak to a
program designation officer at
jvisas@state.gov
.
Information can also be found on the private-sector
exchange website at
http://eca.state.gov/about-
bureau-0/organizational-structure/office-private-sector-
exchange
and at
http://j1visa.state.gov/
.
Another visa classification to consider is the H-3. If a
company needs to train India-based employees in the
United States because the training is not available in
India, anH-3 trainee visamay be appropriate.
The H-3 visa classification, like the H-1B, is petition-
based, meaning that much of the process is overseen
by the Department of Homeland Security. The
prospective H-3 trainee must be invited by a U.S.
employer or organization, and the U.S. employer or
organization must file a Form I-129, Petition for
Nonimmigrant Worker. If the petition is approved,
the trainee may be allowed to remain in the United
States for up to 2 years.
When petitioning, the U.S. employer or organization
must demonstrate that:
The proposed training is not available in the
foreign national's own country;
The foreign national 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 foreign national 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.
As noted above, the H-3 classification
is not for
employment in the United States
. It is designed to
provide a foreign national with job-related training
for work that will ultimately be performed outside
the United States. For more information on what
must be included in the actual petition document,
please visit the U.S. Citizenship and Immigration
Services website at
www.USCIS.gov
and review the
information on “H-3 Nonimmigrant Trainee or
Special Education Exchange Visitor.”
The H-3 classification allows for dependents.
Trainees' spouses and children under the age of 21
may accompany the trainee to the United States as
H-4 non-immigrant visa holders. Information on the
types of activities allowed while under H-4 non-
immigrant status is provided on the
www.USCIS.gov
website. Unlike the H1B, there is no numerical
limitation onH3 visa issuances.
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