Thread: Training: A Possible Solution to the H-1B Crisis

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<<<<< JOB DESTRUCTION NEWSLETTER No. 1574 -- 10/19/2006 >>>>>

The H-3 visa is a nonimmigrant visa that allows aliens to attend a paid
traineeship in the U.S. H-3 visas are unlimited in numbers and allow these
trainees to get paid while they are training. These visas are not to be
used as stepping stones to nonimmigrant visas such as H-1B, or for
permanent residency.

CFR Sec. 214.2(h)(7) makes it very clear that H-3 visas are not to be used
to recruit and train aliens for domestic operations in the United States.
There is no ambiguity in that regulation.

Attorney Frank Nelson is advising companies to break the law in order to
circumvent the yearly cap on H-1B visas. Of course like most of our
immigration laws, there is almost no enforcement and therefore almost no
compliance.

This is the first time I have ever heard about H-3 visa being abused in
this fashion, although I have heard about scams where aliens were promised
an H-3 visa for a fee, but never got one. I don't have any information
about how widespread the practice is that the attorney describes below.


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http://www.asianjournal.com/?c=129&a=16614

October 17th, 2006

H-3 Training: A Possible Solution to the H-1B Crisis
Atty. Frank Nelson

EMPLOYERS all over the country are feeling the pinch of the current H-1B
crisis. U.S. workers simply are not available to fill all of the available
jobs in this country, and now that the U.S. has run out of H-1B visas,
employers are unable to hire foreign workers to fill badly-needed
positions. Congress is currently discussing the possibility of making more
H-1Bs visas available, but there is no guarantee that this will happen - or
if it does, that Congress will make enough visas available to satisfy the
current shortage.

H-3 training offers a possible solution for at least some employers. H-3
status will allow a qualified alien to stay in the United States to receive
training from the employer. If, at a later time, the employer decides to
hire the alien as an employee, the employer can petition the alien for H-1B
classification. Since there is no quota for H-3 classification, visas are
always available. This means that an alien can qualify for, and receive
H-3 classification and remain in the U.S. even if there are no H-1B visas
available. If that same alien is still in the U.S. in H-3 status (or any
other status) when H-1B visas again become available, the alien can change
his/her classification to H-1B.

What is H-3 classification?

H-3 is a nonimmigrant classification for an alien 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.

How many H-3s are issued per fiscal year?

There is no quota for H-3 visas.

Who is qualified for H-3 classification?

An alien who does not possess substantial training and expertise in the
proposed field of training. A bachelor's degree is not required; any
alien, either in the U.S. or abroad, can potentially qualify for H-3
training.

How long is H-3 valid?

H-3 status is valid for a maximum of two years. After two years, no
extension, change of status, or readmission to H status will be granted
unless the alien resided and is physically present out of the U.S. for at
least 6 months.

If I have not maximized my stay of two years in H-3 classification, can I
change my status?

Yes. If an alien has not been in H-3 status for two years, and is still in
lawful nonimmigrant status, a change of status petition to an applicable
nonimmigrant category, such as H-1B, may be filed on the alien's behalf.

Can I include my family?

Yes, the trainee's family (spouses, unmarried children under the age of
21) may also be permitted to live in the U.S. during the period that the
H-3 visa is in effect. They will be admitted in H-4 status. H-4
dependents cannot engage in employment while on H-4 status.

What are the requirements for H-3?

Perhaps the most significant requirement for an H-3 petition is the
existence of a training program. The program does not have to be in
existence for any particular period of time, but must be in existence at
the time the petition is filed. In addition to providing the details of the
training program, the employer must provide a company profile, income tax
returns, organization chart, and other information pertaining to the
company.

How long does the process take?

The current H-3 processing time is approximately 2-3 months. Premium
processing, which is optional and requires an additional filing fee, takes
15 days from the time CIS receives the filed application.

How can this help me or my employee?

That will depend on your particular situation; the H-3 program cannot help
everyone. However, if it fits your particular situation, H-3 status can
keep an alien here in the U.S., working (as a trainee) for an employer, for
up to two years, and the H-3 trainee can still change status again to some
other nonimmigrant status, such as H-1B. This could allow at least some
aliens to stay in the U.S. in H-3 status with one employer, then change to
H-1B status with another employer when H-1B visas become available again.
Under some circumstances, it is even possible to change status from H-3 to
H-1B without changing employers.

***
Attorney Nelson has more than fifteen (15) years of experience as a lawyer
and has significant experience in all areas of Immigration Law. Atty. Frank
Nelson's office is located at 70 South Lake Avenue Suite 1110 Pasadena,
CA 91101. To make an appointment call (626)683-3451.

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U.S. workers simply are not available to fill all of the available
jobs in this country,

This is such BS. Why don't they just come out and tell us the truth (which we already know).

There aren't enough US workers who will work for the slave wages these companies offer.

This is what it should say. Dirty damn filthy liars!

Sounds like another ambulance chaser attempting to circumvent the system for financial gain.

It sure would be nice if we could start outsourcing some of these lawyers that visualize nothing but dollars bills when they see an illegal immigrant coming.

How's come I can't find anywhere to offer training for these jobs? Outside of trucking jobs I haven't found any position that offered paid training for an open job.