H-3: Nonimmigrant Visa for Trainees and

Special Education Exchange Visitors

What is the H-3 Visa and Who is It Available For?

 

The H-3 nonimmigrant visa category allows aliens coming temporarily to the U.S. as either a:

  • Trainee to receive training in any field of endeavor, other than graduate medical education or training, that is not available in the alien’s home country.

  • Special Education Exchange Visitor to participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.

What is the H-3 Application Process?

 

In order to obtain H-3 classification, the U.S. employer or organization must file a Form I-129, Petition for Nonimmigrant Worker. The petition must be filed with the information provided below.

What is the Period of Stay for a H-3 Visa?

 

If the petition is approved, the trainee may be allowed to remain in the U.S. for up to 2 years. If the trainee petition is approved for a special education exchange visitor, the trainee may remain in the U.S. for up to 18 months.

 

Can Family of H-3 Visa Holders Come to the United States?

 

Yes, trainee’s spouses and children who are under the age of 21 may accompany them to the United States as H-4 nonimmigrants.

Can Family of H-3 Visa Holders Work While in the United States?

No, unfortunately, the H-3 Visa Holders Family Members who comes to the United States on a H-4 visa are not permitted to work in the United States.

 

H-3 Trainee Visa

What is a H-3 Trainee?

 

An H-3 “trainee” must be invited by an individual or organization for the purpose of receiving training, in any field including but not limited to:

  • Agriculture

  • Commerce

  • Communications

  • Finance

  • Government

  • Transportation

  • Other Professions

 

This classification is not intended for U.S. employment. It is designed to provide an alien with job-related training for work that will ultimately be performed outside the U.S.

What do I Need to Do to Gain a H-3 Visa?

 

In order to obtain H-3 visa classification, a U.S. employer or organization must demonstrate that:

  • The proposed training is not available in the alien’s native country;

  • The alien will not be placed in a position which is in the normal operation of the business and in which U.S. citizens and resident workers are regularly employed;

  • The alien will not engage in productive employment unless such employment is incidental and necessary to the training; and

  • The training will benefit the beneficiary in pursuing a career outside the U.S.

 

What does the H-3 Visa Require?

 

Each H-3 petition for a trainee must include a statement that:

  • Describes the type of training and supervision to be given, and the structure of the training program;

  • Sets the proportion of time that will be devoted to productive employment;

  • Shows the number of hours that will be spent, respectively, in classroom instruction and in on-the-job training;

  • Describes the career abroad for which the training will prepare the alien;

  • Indicates the reasons why such training cannot be obtained in the alien’s country and why it is necessary for the alien to be trained in the U.S.; and

  • Indicates the source of any remuneration received by the trainee and any benefit which will accrue to the employer/organization for providing the training.

Are there H-3 Training Programs that Are Not Qualified?

 

Yes, a training program may not be approved which:

  • Deals in generalities with no fixed schedule, objectives or means of evaluation;

  • Is incompatible with the nature of the petitioner’s business or enterprise;

  • Is on behalf of a lien who already possess substantial training and expertise in the proposed field of training;

  • I in a field in which it is unlikely that the knowledge or skill be used outside the U.S.;

  • Will result in productive employment beyond that which is incidental and necessary to the training;

  • Is designed to recruit and train aliens for the ultimate staffing of domestic operations in the U.S.;

  • Does not establish that the petitioner has the physical plant and sufficiently trained manpower to provide the training specified; or

  • Is designed to extend the total allowable period of practical training previously authorized a nonimmigrant student.

H-3 Special Education Exchange Visitor Visa

What is the Special Education Exchange Visitor H-3 Visa?

A Special Education Exchange Visitor H-3 Visa if available for educating children with disabilities, and for providing training and hands-on experience to participants in the special education exchange visitor program.

A petition requesting an H-3 “Special Education Exchange Visitor” must be filed by a facility which has professionally trained staff and a structured program for providing education to children with disabilities, and for providing training and hands-on experience to participants in the special education exchange visitor program.

What must the Special Education Exchange Visitor H-3 Visa Include in the Application?

 

The Special Education Exchange Visitor H-3 Visa should include a description of:

  • The training the alien will receive;

  • The facility’s professional staff; and

  • The alien’s participation in the training program.

 

Furthermore, the petition must show that the special education exchange visitor is:

  • Nearing the completion of a bachelor’s or higher degree program in special education; or

  • Has already earned a bachelor’s or higher degree in special education; or

  • Has extensive prior training and experience teaching children with physical, mental or emotional disabilities.

NOTE- Any custodial care of children must be incidental to the alien’s training.

Please feel free to contact our Law Office for a Free Consultation regarding the H-3 Nonimmigrant Trainee Visa. We would love to help you understand the process and help you with the application. Contact us at (619) 363-2871 or e-mail us at Malik@TheImmigrationAdvocate.com.

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