H-3 Visa Nonimmigrant Learner or Special Visitor in Educational Exchange
The H-3 nonimmigrant visa category allows foreigners to come temporarily to the United States for the purposes of:
- Trainee to receive training in any category of field of work other than graduate education in medicine, or training that is not available in his or her country of origin.
- Special Visitor in Educational Exchange to participate in a special educational exchange program for foreigners that provides practical training and experience in the education of children with physical, mental or emotional disabilities.
Apprentices
An H-3 “trainee” must be invited by a person or organization for the purpose of receiving training in any field including, but not limited to, the following:
- Agriculture
- Trade
- Communications
- Finance
- Government
- Transport
- Other professions
This classification is not intended for employment in the United States. It is designed to provide foreigners with business training that they can use in their employment outside the United States.
To obtain an H-3 classification, an employer or organization in the United States must demonstrate that:
- The proposed training or training is not available to foreigners in their country of origin.
- The foreign national will not be placed in a position that is part of the normal operation of the business and in which Americans and resident workers are usually employed.
- The foreigner will not be employed in practical experience unless such employment is incidental and necessary for the training.
- The training will help the beneficiary to continue his professional career outside the United States.
Each petitioner for an H-3 trainee must include a statement that:
- Describe the type of training and supervision that will be provided, as well as the structure of the training program.
- Establish the proportion of time that will be dedicated to practical experience.
- Demonstrate the number of hours that will be dedicated to academic instruction and on-the-job training, respectively.
- Indicate the reasons why such training cannot be obtained in the foreigner's place of origin and why it is necessary for him to be trained in the United States.
- Indicate the reasons why the training cannot be carried out in the foreigner's home country and why it must be carried out in the United States.
- Indicate the source of financial remuneration that will be received per trainee, as well as any benefits that will be received by the employer/organization for providing the training.
A training program will not be approved if:
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It relies on generalizations and does not provide fixed work hours, objectives and evaluation methods.
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It is incompatible with the nature of the petitioner's company or business.
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It is for a foreigner who already has substantial training and experience in the proposed field of training.
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It is in a field in which the knowledge or expertise is unlikely to be used outside the United States.
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It will result in practical experience that moves away from what is considered incidental and necessary for training.
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It is designed to recruit and train foreign nationals for employment in operations within the United States.
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It does not demonstrate that the petitioner has the physical space and sufficient trained workforce to provide the specified training.
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It is designed to extend the total period of permissible practical experience authorized to a nonimmigrant student.
Foreign Visitor for Special Education
There is a cap on the number of H-3 special education exchange visitors. No more than 50 may be approved in a fiscal year.
An application for an H-3 special education exchange visitor must be submitted by a facility that has professionally trained staff and a structured program to provide education to children with disabilities, and provide training and hands-on experience to participants in the program exchange of special education visitors. Must include:
- The description of the training that the foreigner will obtain.
- Details of professional staff and facilities.
- The form of participation of the foreigner in the training program.
- The applicant is close to completing a bachelor's degree program in special education.
- The applicant already has a bachelor's degree in a special education program.
- The applicant has experience teaching children with physical, mental, or emotional disabilities.
Period of Stay
If the petition is approved, the applicant must be allowed to remain in the United States for up to 2 years. If the petition for the applicant to obtain training in the area of special education is approved, the person may remain in the United States for up to 18 months.
Relative of H-3 Visa Holder
Your spouse and children under 21 years of age can accompany you to the United States. However, they will not be allowed to work in the US.