H-3
non-immigrant
H-3
non-immigrant
H-3 NON-IMMIGRANT VISA
Special Education Trainee or Exchange Visitor
The H3 VISA nonimmigrant visa category is for a foreigner coming temporarily to the United States, such as:
Apprentice to receive training, other than postgraduate or medical education, that is not available in the foreigner’s country of origin
Special Education Exchange Visitor to participate in a special education exchange visitor training program for children with physical, mental, or emotional disabilities.
Fellows
An H3 VISA “trainee” must be invited by a person or organization for the purpose of receiving training, other than postgraduate or medical education, in any field, including but not limited to:
- Trade
- Communications
- Finance
- Government
- Transportation
- Agriculture
- Other professions
This classification is not intended for employment in the U.S. It is designed to provide a foreign national with job-related training that will ultimately be performed outside the United States. To obtain H-3 classification, a US employer or organization must provide:
- A detailed description of the structured training program. The description should indicate the number of hours per week that the trainee will be engaged in classroom training and the number of hours per week the trainee will be engaged in on-the-job training.
- A summary of the student’s previous training and experience.
- An explanation of why the student needs the training.
- A statement explaining why the training is not available in the trainee’s home country.
- A statement explaining how the training will benefit the trainee in pursuing a career outside the United States.
- A statement explaining who will pay for the training without the petitioner permanently employing the trainee.
Special Education
Exchange Visitor
There is a numerical limit (or “cap”) on the number of H-3 special education exchange visitors. No more than 50 can be approved in a fiscal year. As of May 20, 2011, USCIS has approved three H-3s for special education exchange visitors in fiscal year 2011.
The petition for an H3 “special education exchange visitor” VISA must be filed by a US employer or organization. It must include a description of:
- The training that the foreigner will receive
- The staff and facilities where the training will be given
- The participation of the apprentice in training
Additionally, the US employer or organization must demonstrate that the trainee is:
- You are nearing completion of a bachelor’s degree program in special education
- Has already earned a bachelor’s degree in a special education program
- You have experience teaching children with physical, mental or emotional disabilities.
Note: Any childcare must be incidental to the foreigner’s training.
Application process
To obtain H-3 classification, the U.S. employer or organization must file Form I-129, Petition for Nonimmigrant Worker. The petition must be submitted with the information provided above.
Period of stay
If the request is approved, the scholarship recipient can remain in the United States for up to 2 years. If the petition for a special education exchange visitor is approved, the trainee may remain in the United States for up to 18 months.
Relatives of
H-3 visa holders
Spouses and children under 21 years of age of scholarship recipients may accompany them to the United States. However, family members will not be able to work in the United States.
TAKE THE FIRST STEP
Don't postpone your dreams
We support your process of moving to the United States with the appropriate type of visa for your profile. (E1, E2, EB-2, F1, among others)
TAKE THE FIRST STEP
Don't postpone your dreams
We support your process of moving to the United States with the appropriate type of visa for your profile. (E1, E2, EB-2, F1, among others)
