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Dinsmore | Immigration
Dinsmore immigration attorneys leverage more than 60 years of cumulative experience to craft strategies and solutions to meet unique immigration needs. We anticipate the areas where the U.S. government may challenge a case, reverse engineer the case to lower the risk of denial, and increase the odds of approval. 

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J-1 For Trainees





B-1 Business Visitor

Quick. Decision to issue B-1 visa made by U.S. consulate upon application at consulate

Documentation is simple -- letter from U.S. trainer explaining training program and benefit to trainee when trainee returns to home country


Compensation by U.S. trainer is NOT permitted.

Reimbursement by U.S. trainer for reasonable out-of-pocket expenses is allowed.

Doesnotwork well if:

  • training program will last more then several months
  • trainee is not already employed abroad
  • trainee is single and young (meaning, without strong ties to his/her home country)

Most risky of all options because authority to issue B-1 visa for training is vested in U.S. consular officer abroad who makes final decision “on the spot.” If trainee is eligible for visa waiver program—see Comments—then decision to admit the trainee is vested in U.S. immigration officer.

If trainee is from one of 28 countries for which B-1 visas are not required, may enter USA as a “WB” (Visitor for Business under the Visa Waiver Program) under visa waiver program (but stay is limited to 90 days).

H-3 Trainee

Allows trainee to be compensated by U.S. trainer

Requires U.S. trainer to file a petition with USCIS. Trainee applies for visa at U.S. consulate upon petition approval.

Time for petition preparation, USCIS decision, and issuance of visa varies, but often takes 10-12 weeks.

Petition must prove existence of structured training program in which trainee will not engage in productive employment. (Trainee must be a “fifth wheel”).

On the job training without any classroom-type training can cause USCIS to deny petition

Limited to a maximum period of 24 months

Key is existence of a specific training program that advances trainee through various stages of U.S. trainer’s business.

Must provide USCIS with adetailedtraining program plan—not just a summary outline.





J-1 Trainee


still in school or just graduated

No USCIS involvement.

U.S. trainer can compensate trainee.

CIEE. J-1 visa sometimes can be quick to obtain if a program sponsor such as “CIEE” is available to provide “sponsorship.”

Cost to participate in CIEE’s program is relatively nominal.

CIEE’s program is limited to students enrolled in a university inEurope


CIEE operates “Internship USA Program” (a program to bring foreign university students to the USA for a period ofone yearfor educational and cultural purposes, including an internship experience,in conjunction with the student’s course of study abroad)

Council on International Educational Exchange,

205 E. 42ndStreet, New York, NY 10017-5706.

Tel. 212/822-2600.

Fax: 212/822-2699.

AIPTis another program sponsor (see right column for AIPT information)


AIPT’s program is not limited just to student from Europe (see right column for AIPT information)

Association for International Practical Training

10400 Little Patuxent Parkway, Columbia, MD 21044-3510.

Tel. 410/997-2886.

Fax: 410/992-3924

AIC runs an International Intern program for post-secondary students or recent graduates

Intern must have sufficient English-speaking skills so as to be able to fully benefit from the training and cultural opportunities of the U.S.

American Immigration Council

1331 G Street, NW, Suite 200
Washington, DC 20005-3141

Tel: 202-507-7500



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