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Part J - Trainees (H-3)

In May 2020, USCIS retired its Adjudicator’s Field Manual (AFM), a collection of our immigration policies and procedures. We are working quickly to update and incorporate all of the AFM content into the USCIS Policy Manual, the agency’s centralized online repository for immigration policies. Until then, we have moved any remaining AFM content to its corresponding Policy Manual Part. To the extent that a provision in the Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the Policy Manual prevails. If you have questions or concerns about any discrepancies among these resources, contact USCISPolicyManual@uscis.dhs.gov.

AFM Chapter 31 - Petitions for Temporary Workers (H Classifications) (External) (PDF, 798.91 KB)

Resources

Legal Authorities

8 CFR 214.2(h)(1) - Temporary employees

8 CFR 214.2(h)(1)(ii)(E) - H-3 definition

8 CFR 214.2(h)(10) - Denial of petitions

8 CFR 214.2(h)(11) - Revocation of an approved H petition

8 CFR 214.2(h)(12) - Appeal of a denial or a revocation of a petition

8 CFR 214.2(h)(13) - Admission of H beneficiaries

8 CFR 214.2(h)(13)(i)(B) - Admission and allowable periods of stay for H workers

8 CFR 214.2(h)(14) - Extension of H visa petition validity

8 CFR 214.2(h)(15)(ii)(D) - Extension of H-3 stay 

8 CFR 214.2(h)(16)(ii) - Effect of approval of a permanent labor certification or filing of a preference petition on H classification

8 CFR 214.2(h)(17) - Effect of a strike

8 CFR 214.2(h)(2) - Petition for temporary employees

8 CFR 214.2(h)(7) - H-3 regulations

8 CFR 214.2(h)(8)(i)(D) - H-3 numerical limitations on special education exchange visitors

8 CFR 214.2(h)(9) - Petitions for temporary workers

8 CFR 214.2(h)(9)(iii)(C) - Validity of approved H-3 petitions and H-4 dependent(s)

8 CFR 214.2(h)(9)(iv) - Validity of approved H-3 petitions and H-4 spouse and dependent(s)

8 CFR 248.1(b) - Timely filing and maintenance of status

INA 101(a)(15)(H)(iii) - Definition of H-3

INA 214(b) - Temporary employees

INA 214(c) - Admission of nonimmigrants

Appendices

No appendices available at this time.

Updates

POLICY ALERT - Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule

U.S. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on August 3, 2020. This guidance becomes effective October 2, 2020.

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Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk (PDF) between the AFM and the Policy Manual.

Technical Update - Replacing the Term “Foreign National”

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

POLICY ALERT - Nonimmigrant Trainees (H-3)

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance on the trainees (H-3) nonimmigrant visa category.  

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