OSE International Apprentices U.S. Visa Sponsorship
For future OSE Apprenticeship participants from outside USA, there are several visa options:
J-1 Visa - Exchange vistor visa; H-1B Visa - Temporary skilled worker visa H-3 Visa - Trainee visa
Contents
J-1 Exchange Visitor Visa
Exchange visitor (J) visas are nonimmigrant visas for individuals approved to participate in exchange visitor programs in the United States. Source: Exchange Visitor Visa - Department of State Travel.
In order to be able to apply for a J-1 visa to attend the OSE Apprenticeship program, OSE has to be registered as a Designated Organization.
Exchange Visitor Programs: https://j1visa.state.gov/programs
J-1 Exchange Visa Categories
H-1B Visa - Temporary skilled worker visa
Temporary worker visa in specialty occupations. Requires theoretical and practical application of a body of specialised knowledge and a bachelors degree or equivalent in the specific specialty.
- Limits - There are only 65K H-1B visas issued per year, plus 20K visas under H-1B advanced degree exemption. Selection is by lottery - Randomised selection process. USCIS received about 275,000 petitions for FY 2021.
Complete H1B Registration Process with Lottery Order Step 1 – Pool of Potential Hires for H1B Sponsoring : Employers interested in sponsoring H1B for individuals they intend to hire, will need to first electronically register the individuals with USCIS during the specified registration period as given by USCIS. Step 2 -Registration of H1B Applicants : Employers will get at least 14 days ( 20 days in FY 2021 from March 1st, to March 20th) to electronically register the individuals with their company information. They can edit, delete and modify the candidate details until the registration period closes. Step 3 – H1B Lottery Process : USCIS will conduct computer generated random selection aka Lottery to select regular quota filing registrants, then the masters quota are separated and lottery is run to select the US masters quota filing registrants. Step 4 – Notify Selected Registrants: USCIS Notifies electronically the selected registrants’ employer/sponsors to file H1B petitions within 90 days. They will time it to fall on April 1st. The unselected registrations are kept on reserve to do another selected as needed. Step 5 – File H1B Petitions with USCIS: Employers need to file H1B petition using the standard process like before using LCA, Fees and all the information supporting the H1B job offer for the selected registrant. Step 6 – USCIS Processing : USCIS will adjudicate the petition as per their standard process and inform employers regarding their petition. Source: https://redbus2us.com/what-is-h1b-visa-lottery-process-what-has-uscis-done-that-in-past/
H-3 Visa - Trainee visa
Nonimmigrant visa - Coming to America to receive training thet is not available in home country. It is important to note that this visa classification is not intended for employment within the US but rather for job related training for up to two years for the foreign national to work in their home country.
- 2 years validity
- Dependent/spouse may accompany on H4 visa
- Visa applicant must show the following
- Not enrolled in grad. program in home country
- No same training exists in home country
- Not productively employed unless requisite to training
- Training is not an employer of US citizen or resident workers (not sure what this means)
- There is no numerical cap for H3 visas
In order to be eligible to apply for an H-3 visa the US Company providing the training must file a petition to USCIS. Visa may only be applied for after petition is approved.
- 'The H-3 visa has a limited number that the U.S government grants each year. Out of all the applicants, the U.S government grants the visa to only 50 people from other countries to enter the U.S with this visa.'
H-3 Visa Requirements
You should go through these h3 visa requirements before applying for the visa:
The following proofs are mandatory for the applicants intending to obtain an H-3 visa:
1. They aren’t in the US for graduate medical education/training 2. Their home country doesn’t offer similar training 3. The education they receive will serve to advance their careers 4. They won’t work unless as a requirement for the training program 5. They aren’t US citizens or residents
The trainers must provide the following proofs when they invite a Trainee/Visitor:
1. Clear specifics of the training, including a fixed schedule, goals, and a rubric for evaluation 2. The compatibility of the education with the petitioner’s field 3. That the applicant will use the knowledge/skill once they leave the US 4. The training won’t lead to a job in the US 5. The training establishment is capable of running such a program, in terms of trained teachers and a physically existing facility
How Long is an H-3 Visa Valid For?
Once you receive the H-3 visa, trainees are permitted to stay in the US for up to 2 years..
As mentioned above, Training Visa holders can apply for a change of status. This is possible if a potential employer will file Form I-129 at the USCIS on their behalf. That way, the applicant can change their visa to H-1B or TN. And, remember, if you have family with you, the employer must also file Form I-539 for them too.
How Much Does it Cost?
The total H3 Visa Cost entails a USCIS filing fee, i.e., $460 (but if you want to speed things up, you may pay the fee for premium processing fee, i.e., $1440 (this won't be necessary)
H-3 Visa Processing Time
Usually, the duration associated with petition approval is four to six weeks. Afterwards, the H3 Visa Processing Time may take between one to three months.
H-3 Visa Application Process
As H3 Visa Sponsors, the US organization/employer inviting you for must begin the process. They do so when they file Form I-129 with the USCIS. On approval, the petitioner can enter the US. Along with the form, the sponsor must also submit the proofs we mentioned above. The same goes for the applicant. Source: https://abogadoericprice.com/en/what-is-an-h3-visa/
More Details For H-3 Trainee Visa From USCIS
H-3 Nonimmigrant Trainee or Special Education Exchange Visitor The H-3 nonimmigrant visa category allows noncitizens coming temporarily to the United States as either a:
Trainee to receive training in any field of endeavor, other than graduate medical education or training, that is not available in the noncitizen’s home country. Special Education Exchange Visitor to participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
For more information, see Policy Manual Volume 2: Nonimmigrants, Part J, Trainees (H-3) [2 USCIS-PM J]
Trainees
An H-3 “trainee” must be invited by an individual or organization for the purpose of receiving training, in any field including but not limited to:
Agriculture Commerce Communications Finance Government Transportation Other Professions
This classification is not intended for U.S. employment. It is designed to provide a noncitizen with job-related training for work that will ultimately be performed outside the United States.
In order to obtain H-3 classification, a U.S. employer or organization must demonstrate that:
1. The proposed training is not available in the noncitizen’s native country; 2. The noncitizen will not be placed in a position which is in the normal operation of the business and in which U.S. citizens and resident workers are regularly employed; 3. The noncitizen will not engage in productive employment unless such employment is incidental and necessary to the training; and 4. The training will benefit the beneficiary in pursuing a career outside the United States.
Each H-3 petition for a trainee must include a statement that:
1. Describes the type of training and supervision to be given, and the structure of the training program; 2. Sets the proportion of time that will be devoted to productive employment; 3. Shows the number of hours that will be spent, respectively, in classroom instruction and in on –the-job training; 4. Describes the career abroad for which the training will prepare the noncitizen; 5. Indicates the reasons why such training cannot be obtained in the noncitizen’s country and why it is necessary for the noncitizen to be trained in the United States; and 6. Indicates the source of any remuneration received by the trainee and any benefit which will accrue to the employer/organization for providing the training.
A training program may NOT be approved which:
* Deals in generalities with no fixed schedule, objectives or means of evaluation; * Is incompatible with the nature of the petitioner’s business or enterprise; * Is on behalf of a noncitizen who already possess substantial training and expertise in the proposed field of training; * Is in a field in which it is unlikely that the knowledge or skill will be used outside the United States; * Will result in productive employment beyond that which is incidental and necessary to the training; * Is designed to recruit and train noncitizens for the ultimate staffing of domestic operations in the United States; * Does not establish that the petitioner has the physical plant and sufficiently trained manpower to provide the training specified; or * Is designed to extend the total allowable period of practical training previously authorized a nonimmigrant student.
Application Process
In order to obtain H-3 classification, the U.S. employer or organization must file a [Form I-129], Petition for Nonimmigrant Worker. The petition must be filed with the information provided above.
The petition must be filed with: 1. A detailed description of the structured training program, including the number of classroom hours per week and the number of hours of on-the-job training per week; 2. A summary of the prior training and experience of each beneficiary in the petition; and 3. An explanation stating why the training is required, whether similar training is available in the beneficiary’s country, how the training will benefit the beneficiary in pursuing a career abroad, the source of any remuneration the trainee will receive and any benefit the petitioner will obtain by providing the training.
Period of Stay
If the petition is approved, the trainee may be allowed to remain in the United States for up to 2 years. If the trainee petition is approved for a special education exchange visitor, the trainee may remain in the United States for up to 18 months.
Family of H-3 Visa Holders
Trainees' spouses and children who are under the age of 21 may accompany them to the United States as H-4 nonimmigrants. However, H-4 nonimmigrants are not permitted to work in the United States.
