The J-1 exchange visitor visa is used for several different purposes, including business trainees. The purpose is to allow foreign nationals to receive training that will facilitate their career when they return to their home country. A detailed training program is required.
The J-1 program does not require employers to submit an application through the USCIS, as they would for most employment visas. Rather, the prospective trainee requests training authorization directly from a sponsoring organization that has been authorized by the Department of State to administer J-1 training programs. There are many professional associations and third-party organizations authorized as J-1 sponsors. Corporations that routinely use the J-1 visa to accommodate trainees may also register themselves as sponsoring organizations.
The length of stay for such training assignments can be for up to 18 months, including all possible extensions. Compensation for training is permitted. The spouse and minor, unmarried children of a J-1 exchange visitor visa holder may be issued J-2 visas. The J-2 spouse may apply for employment authorization after arrival.
Some, but not all, J-1 and J-2 exchange visitors are subject to the requirement that they return to their home country for at least two years at the end of the J-1 training before becoming eligible to return to the US to work under a different type of visa. The country of residence, field of training and source of any government funding for the training can give rise to this requirement. Waivers of the two-year homestay requirement are available in certain circumstances.
The H-3 visa is designed for foreign nationals coming to the US for training that is not available in the trainee's home country and that will benefit the trainee's career abroad. H-3 trainees cannot engage in productive employment, unless it is merely incidental and necessary to the training. Additionally, H-3 trainees cannot be placed in a position that is in the normal operation of the business and in which local workers are regularly employed.
In practice, H-3 visa requests are more readily granted for formal, classroom-type training and are more likely to be denied when an on-the-job training element is included, regardless of statements that this work may be incidental and necessary. A detailed training program is required.
The maximum duration of the H-3 visa is two years. The spouse and unmarried children under the age of 21 of an H-3 visa holder may be issued the H-4 dependent visa to accompany the H-3 trainee.
Although the H-3 visa does not impose specific compensation requirements, low salaries are sometimes criticized for the possibility of exploiting foreign labor, while high salaries can be criticized for possibly indicating productive labor.