H-3 TRAINEES VISA
Case Study - Making Space for a New Production Line in the U.S.
Business Problem
A multinational manufacturer has plans to manufacture a new model of heavy equipment in the U.S. This plan involves moving the production of the previous, older model to an affiliate in a foreign country. Engineering and technical personnel at the facility abroad need to be trained in the U.S. on the older model processes before the production line is moved abroad. After foreign personnel is trained, the new model assembly line will be installed in the the U.S. to begin manufacturing a new model.
Business Goals
The U.S. manufacturer needs to secure training visas for international personnel, including engineers and technical specialists.
Strategy + Solution
Mdivani lawyers met with the U.S. manufacturer to determine the business goal. We reviewed the proposed training plans. analyzed available options, and proposed the H-3 training visa solution.
Execution
The Mdivani attorneys worked with the Employer and candidate to gather evidence showcasing this candidate’s qualifications and background. This included analyzing evidence of patents, awards, publications, letters from experts in the field explaining the significance of the researcher’s original, scientific discoveries, and major achievements in the field. We worked with the Employer and the candidate to identify their peer reviewed scholarly work and those works they have peer reviewed as well. We were able to show in the Employer’s O-1 Petition that most criteria under O-1/EB-1 regulation were met, and USCIS approved the employer’s O-1 Petition. The US Consulate subsequently approved the O-1 visa, and the researcher joined the U.S. employer in the U.S where he contributed to successfully developing new drugs.
Planning Ahead, Short Term + Long Term
If the Employer needs to retain the researcher long-term, the Employer needs to consider engaging in the EB-1 extraordinary ability employer-driven green card.
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