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H2 / H3
H2 B Visas - Temporary Skilled or Unskilled Workers in Nonagricultural Positions
Special requirements:
Employer must prove that the need for the employee's skills is temporary, i.e. - the position itself is temporary (e.g. trainer who will train others).
The employer's intent is to hire the foreign worker for a temporary period - not more than one year, with possible extensions of another two more years.*
Requires a showing that the foreign worker is not displacing qualified, unemployed U.S. workers and does not adversely affect working conditions of U.S. workers (i.e. requires a certification by the Department of Labor that there are not sufficient American workers to fill such positions).
*Each extension requires recertification; advertising, etc.
H3 Visas - Trainees
Purpose: to bring foreign employees to U.S. for a temporary period to participate in an established company training program.
Lasts up to two years, with possible extension of two years.
Training may be classroom training or combination of classroom and on-the-job training which is unavailable in person's home country.
Any productive employment by foreign national must be incidental to the training or inconsequential.
Training program must be:
Structured.
An existing program.
Not with the intention of eventual employment of foreign employee.
Must provide knowledge and experience unavailable in home country.
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