The regulations allow for training in "any field of endeavor". It is a useful tool if the goal is training and not productive employment. The requirements are
1. The training must not be available in the alien's home country.
2. The alien must not be placed in a position which is part of the normal operation of business which would ordinarily be filled by a US worker.
3. The alien must not be productively employed unless such employment is "incidental and necessary" to the training.
4. The training must benefit the alien in pursuit of employment outside the US.
The employer should also keep in mind that the program should include:
1. A fixed schedule
2. Stated objectives
3. Evaluation of the training
4. Skills the alien doesn’t possess or will be able to use in employment outside the US
Generally, it cannot be used to extend the training of a student who has used their maximum period of optional practical training. Therefore, if an H-3 training program is used for a student in this position, it must be shown that the training is not related to the training undertaken pursuant to the optional practical training.
The purpose of the training must be to enable the alien to pursue a career outside of the US, a career that can by with the US based employer. Sometimes, a potential alliance with an overseas employer can be a legitimate basis for the training. Generally, if the USCIS considers that the training includes any productive employment, it will not approve the petition.
When training is sought in an area in which the alien already has ability, USCIS will closely scrutinize the application to ensure the visa is not being used to provide the alien with productive employment.
