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Dinsmore | Immigration
Dinsmore immigration attorneys leverage more than 130 years of cumulative experience to craft strategies and solutions to meet unique immigration needs. We anticipate the areas where the U.S. government may challenge a case, reverse engineer the case to lower the risk of denial, and increase the odds of approval. 

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H-3, J-1, B-1 Trainee Option

B-1 Business Visitor Quick. Decision to issue B-1 Visa made by U.S. Consulate upon application at Consulate.

Documentation is simple — letter from U.S. trainers returns to home country.
Compensation by U.S. trainer is NOT permitted.

Reimbursement by U.S. trainer for reasonable out-of-pocket expenses is allowed.

Does not work well if:

  • training program will last more than several months;
  • trainee is not already employed abroad; and
  • trainee is single and young (meaning, without strong ties to his/her home country).
Most risky of all options because authority to issue B-1 Visa for training is vested in the U.S. Consular Officer abroad who makes the final decision "on the spot." If trainee is eligible for Visa Waiver Program - see Comments - then decision to admit the trainee is vested in U.S. Immigration Officer.
If trainee is from one of 28 countries for which B-1 visas are not required, may enter USA as a "WB" under visa waiver program (but stay is limited to 90 days).
H-3 Trainee Allows trainee to be compensated by EMPLOYER. Requires U.S. trainer to file a petition with the USCIS. Trainee applies for visa at U.S. Consulate upon petition approval.

Time for petition preparation, USCIS decision, and issuance of Visa varies, but often takes 10-12 weeks.

Petition must prove existence of structured training program in which trainee will not engage in productive employment. (Trainee must be a fifth wheel.)

On-the-job training without a classroom-type training can cause USCIS to deny petition.
Limited to a maximum period of 24 months.

Key is existence of a specific training program that advances trainee through various stages of U.S. trainer's business.

Must provide USCIS with a detailed training program plan - not just a summary outline.
J-1 Trainee
(in school)
No USCIS involvement.

U.S. trainer can compensate trainee.

CIEE. J-1 visa sometimes can be quick to obtain if a program sponsor such as "CIEE" is available to provide "sponsorship."

Cost to participate in CIEE's program is relatively nominal.
CIEE's program is limited to student's enrolled in a university in Europe. CIEE operates "Internship USA Program" (a program to bring foreign university students to the USA for a period of one year for educational and cultural purposes, including an internship experience, in conjunction with the student's course of study abroad).

Council on International Educational Exchange
205 E. 42nd Street New York, NY 10017-5706
Tel: 212/822-2600
Fax: 212/822-2699
AIPTis another program sponsor (see below for AIPT information). AIPT's program is not limited just to students from Europe (see below for AIPT information). Association for International Practical Training
10400 Little Patuxent
Parkway, Columbia, MD
Tel: 410/997-2886
Fax: 410/992-3924
J-1 Trainee
(already working)
No USCIS involvement.

U.S. trainer can compensate trainee.

AIPT is one of a handful of program sponsors that exist to sponsor "career development exchanges."

Another J-1 trainee sponsorship is run bythe American Immigration Law Foundation ("AILF").
AIPT's processing time is slow - often 3-4 months.

AIPT charges fee that can range from approximately $600 to $1200 (contact AIPT directly for up-to-date fee information).

Trainee might be subject to the two-year home country requirement that precludes the trainee from acquiring H-1B, L-1, or "Green Card" status in the USA until the trainee has spent two years in his or her country of residence for two years after completion of the U.S. training program (there are some exceptions).

Another J-1 trainee sponsorship program is run by the American Immigration Law Foundation.
Limited to a maximum of 18 months.

Requires advance completion of AIPT's comprehensive application form - both by U.S. trainer and by the trainee, and approval of training program by AIPT.
AILF's regular processing times are 3-4 weeks, in addition to U.S. consular processing, but may be expedited. Trainees must have "significant experience" (meaning 3 or more years of full time work in an area related to the proposed training) to qualify. American Immigration Law Foundation
918 F. Street, N.W., 6th Floor, Washington, D.C. 20004
Tel: 202/371-6450
Fax: 202/371-6459

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