Visa Application Process for BPO Workers for Training Visas in the United States
by Ronald A. Nair, Esq., Attorney at Law

H-4 Visas

The large influx of highly skilled service jobs into the Philippines from the US Companies to service American customers in the USA has created the need for BPO firms to train its indigenous Philippine work force on US Processes and procedures. The problems in training happen where it would be more practical and efficient to train these Filipino workers in the USA with formal classroom instructions, and obtain training that is not available in the Philippines. One visa that many multinational companies are using is the H-4 Training Visa:

H-4 Training Visa:

The H-3 visa has very detailed requirements and there are about 3000 H-3 visas being issued each year by the US Citizenship and Immigration Service (USCIS). For established companies, the H-3 visa category has been a useful tool to bring foreign employees to the United States for periods of two years to participate in an established training program. The training program provides classroom training, or a combination of classroom and on-the-job training, which is not available in the alien's home country.

The Corporate Parent use the H-4 visa’s US Based training programs to increase the foreign employee's knowledge and skills, and thus enhancing the employee’s worth to a company's foreign operations as far as dealing firsthand with American clients are concerned. The requirements of the H-3 visa is the following: 1) the training cannot be available in the foreign worker’s home country; 2) the foreign worker cannot work in the USA in a position normally filled by a US worker; and 3) the training in the USA must specifically enhance the alien worker’s skills to do his/her job better upon his/her return to the Philippines. Thus, on the job training in the USA could be of enormous value to a firm.

How to proceed? Start with the Parent Company files Form I-129 and H-Supplement with USCIS. Multiple workers can apply on one application. As part of the background evidence, the US parent company, in addition to information about the firm itself, needs to submit the following: 1) a detailed description of the training program, outlining the number of hours spent in classroom and/or on-the-job training; 2) the amount of time that will be spent in productive employment; 3) explanation as to job in the Philippines for which the US training will prepare the Philippines worker under this H-4 training visa; and 4) why the alien must receive this training in the US.

A completed case is sent to one of the USCIS service centers where it undergoes final review. If approved, the case is forwarded to a US Embassy for visa issuance.

The limitation here is that the H-4 visa Applicant still must prove his/her intentions on returning their home country after the H-4 visa term has expired and thus exposing the H-4 visa holders to arbitrary rejections by the US Consular officer.