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.
OR
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 Information
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.