Requirements for the Proposed H-3 Worker:

• The proposed training has to be unavailable in the worker’s home country
• The worker cannot be placed in a position that is in the normal operation of US, in which U.S. workers are regularly employed
• The worker will not engage in "productive employment" unless it is incidental and necessary to the training
• The training will benefit the worker in pursuing a career outside the U.S., for example in the home country (Ex: There is no training program for this sector of industry in the home country)

Requirements of the U.S. Training Program: It

• Must be specific, with a fixed schedule, objectives, means of evaluation
• Is compatible with the nature of US employer's business
• Is on behalf a beneficiary who does not yet have this training
• Is in a field where the knowledge is likely to be used outside the U.S.
• Will not result in productive employment that is beyond incidental to the training
• Is not designed to recruit and train aliens to be ultimately staffed in the U.S.
• Must show that US employer has the physical space and sufficiently trained staff to provide the specified training
• Is not be designed to extend OPT to a foreign student.