Establishing Joint-Operations In India

To help E-USA accomplish its objectives of setting up a profitable plant in India, our experts set out to assist E-USA identify an Indian entity that had the capabilities and know-how that were essential for E-USA to successfully set up joint operations in India. Once the suitable Indian entity was found, our experts helped E-USA finalize arrangements with the company and help establish joint-operations in India under the name Engineering-India (E-India).

Training E-India Employees In The U.S.

As planned, the E-India plant mirrored the U.S. operations of E-USA. It was therefore necessary that employees of E-India plant be well-trained in the proprietary manufacturing processes and procedures employed by E-USA, including those in some highly specialized knowledge areas that were critical to designing and manufacturing their equipment. E-USA realized it would need to bring certain employees of E-India to the U.S. to train at the U.S. facility.

E-USA approached Start Business In America to find out if there was a way to accomplish the above knowing that there would be visa issues involved. Our experienced attorneys, upon considering all the issues involved, concluded that the H-3 Trainee visa would be most suited for E-USA to bring employees of E-India to the U.S. to enable them participate in a training program involving the practices and processes employed by the U.S. company.

Having identified the H-3 Trainee visa as the most appropriate option, our attorney's next task was in ensuring that a successful H-3 visa application was filed on behalf of the identified employees of E-India. The eligibility requirements and list of required documentation for the H-3 visa classification are numerous and extensive. E-USA must demonstrate, among other things, the existence of a structured training program and the non-availability of the training involved in the foreign country, in this case, India.

Working closely with both E-India and E-USA officials, our attorneys helped E-USA document their training program in a manner that would highlight its H-3 compliant nature. Start Business In America helped E-USA file a comprehensive application package detailing, among other things, why the training was necessary, how the training program is structured and was specifically developed by E-USA, how the trainees will gain new skills during the program and not merely enhance already existing skills, how the training would develop the knowledge and abilities of the trainees and allow them to set up and run operations in India, how the training is not available in India, and how, at the end of the program, the trainees will return to India and implement the training gained by them while discharging their duties at E-India. Our attorneys made sure that that the applications addressed every single requirement prescribed for the H-3 visa classification and highlighted how they were met in the present case.

E-USA's detailed applications, a result of our attorneys' thorough preparation and compelling presentation, ensured that E-India's identified employees were granted H-3 visas.

Change of Trainees After H-3 Petition Approval

Unanticipated challenges often come up! An unforeseen resignation, family circumstances and personal situations involving some of employees chosen to go to the U.S. to participate in the training program at E-USA meant E-India had to replace some trainees with approved H-3 petitions with similarly qualified E-India employees who did not have an approved H-3 petition. With all arrangements having already been made and the training schedule been fixed, timely action was necessary to ensure that a sufficient number of trainees attended the training program in the U.S.

To overcome the issue, our attorneys had to help E-USA substitute the unavailable trainees with the new chosen employees. Because the training was set to start in a relatively short period of time, our attorneys helped the company seek the substitution of trainees at the Consulate, a highly challenging process, which to successfully work required meticulous planning and precise execution. Start Business In America assisted the company in effectively pre-presenting the unavoidable circumstances under which the substitutions were being sought to the Consular Officers. They were able to explain how the newly chosen trainees clearly satisfied the requirements prescribed for grant of the H-3 visa. The company's focused submissions resulted in the grant of H-3 visas to the newly chosen trainees in place of those originally chosen, enabling them to travel to the U.S. and participate in the training program, thus ensuring that the number of trainees from E-India that underwent the required training in the U.S. did not diminish.

Extension of The Trainees' Stay In The U.S. For Additional Training

When the training program in the U.S. was nearing completion, E-USA realized that the Indian trainees who were in the U.S. on H-3 visas needed additional training on some critical aspects. As the initial period of time granted to them under the H-3 proved insufficient, E-USA wanted to extend the trainees' time in the U.S. To accomplish that, our attorneys helped E-USA file extension petitions for the trainees by concisely articulating the need for the extension. The extensions of stay were successfully obtained enabling the trainees to remain in the U.S. legally and complete the training in the U.S.