U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2015 that it has received more than the limit of 65,000 general category cap and 20,000 advanced degree exemption H1B petitions for FY 2016.
On April 13, USCIS used a computer-generated random selection process, to select enough petitions to meet the statutory cap for both categories. USCIS will reject and return all unselected petitions with their filing fees, unless the petition is found to be a duplicate filing.
USCIS conducted the selection process for the master cap first. All unselected advanced degree petitions then became part of the random selection process for the 65,000 general category limit.
USCIS will begin premium processing for H-1B cap cases no later than May 11, 2015.
During this waiting period, I advise my clients to start thinking about alternative solutions to pursue in case their H-1B petition will be rejected. Some types of alternative visa types are: F-1, OPT, J-1, B-1, B-2, TN (for citizens of Canada/Mexico), , E-3 (for citizens of Australia), H-1B1( citizens of Chile and Singapore) H-3. Those type of visas are not subject to strict requirements like the H-1B visas and can be filled throughout the year.
In this post we will explain specifically about H-3 trainee visa:
H-3 Visa Requirements:
H-3 classification is designed to provide a foreign national with job-related training for work that will ultimately be performed outside the United States.
An H-3 trainee must be invited for the purpose of receiving training, in any field including but not limited to: Agriculture, Commerce, Communications, Finance, Technology, Government, Transportation. Graduate medical training is specifically excluded from this visa category (foreign nurses and medical students on school vacation may, in some circumstances, receive training)
If the H-3 petition is approved, the trainee may be allowed to remain in the United States for up to 2 years. Upon the completion of the maximum period of stay (i.e. 2 years), trainee must leave the U.S. and cannot extend his visa or change his status.
The H-3 nonimmigrant visa category allows foreign nationals coming temporarily to the United States as either a:
In order to obtain H-3 classification, a U.S. employer or organization must demonstrate that:
Each H-3 petition for a trainee must include H-3 Training Program and a Support Letter with a statement that:
An H-3 Training Program may not be approved which: