H-3 Nonimmigrant Trainee or Special Education Exchange Visitor
The H3 “training visa” is a US Visa designed for people to enter the U.S. for a period of up to two years in order to receive training.
There are two forms of H3 visa: the Trainee H-3 for when the training is not available in the applicant’s home country, and the Special Education Visitor, for visitors who will receive training in education for children with special needs or disabilities.
What Is an H-3 Visa
The H-3 nonimmigrant visa category allows noncitizens coming temporarily to the United States as either a trainee to receive training in any field of endeavour, or as a special education exchange visitor to participate in a training program that provides practical training and experience in the education of children with physical, mental, or emotional disabilities.
What Privileges Do I Enjoy on H-3 Visa?
H3 trainees may stay in the United States for up to 2 years, whereas Special Education Visitors are permitted to stay for up to 18 months.
No extensions are available, but H3 holders may apply for a Change of Status.
Visa holders may travel freely in and out of the U.S. while visa is valid. Note that the 24/18 month time limit is strictly from the time of issue, and any time spent outside the country is still counted.
A trainee’s legal spouse and any unmarried children under 21 may accompany them to the U.S., but they are not permitted to work.
Who May Qualify for an H-3 Visa?
The H-3 nonimmigrant visa category allows noncitizens coming temporarily to the United States 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 noncitizen’s home country, or as a Special Education Exchange Visitor to participate in a training program that provides for practical training and experience in the education of children with disabilities.
What Are the Requirements for the H-3 Visa?
The petitioning U.S. employer or organization should comply with the requirement of the intent of the training to enable the trainee to work outside of the US. H3 visas should not be used with the intention of employing the trainee within the United States.
Employers must also provide a detailed break-down of the training program, listing number of hours spent each week in the classroom versus hands-on training, as well as presenting a summary of each trainee’s prior experience, showing why they need the training.
Employers should provide a valid explanation why equivalent training is not available in the trainee’s home country, and include a statement of how the training will be funded, which must be without the petitioner permanently employing the trainee.
How to Apply for the H-3 Visa
There is a numerical limit on the number of H-3 special education exchange visitors. No more than 50 may be approved in a fiscal year.
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. It should include a description of the training the noncitizen will receive, the facility’s professional staff, and the noncitizen’s participation in the training program.
In addition, the petition must show that the special education exchange visitor is nearing the complete of a higher degree program in special education, has already earned a higher degree in special education, or has extensive prior training and experiences teaching children with physical, mental, or emotional disabilities.
In order to obtain H-3 classification, the US employer or organization must file a Form I-129, Petition for Nonimmigrant Worker. If the petition is approved, the trainee may be allowed to remain in the United States for up to 2 years.
How Long Does It Take To Get the H-3 Visa?
The processing time for the H-3 petition is about four to six weeks, and it takes one to three months to process the H-3 visa application.
How Long Can I Stay In The US With an H-3 Visa?
With an H-3 Visa, the trainee may be allowed to remain in the United States for up to 2 years. If the trainee petition is approved for a special education exchange visitor, the trainee may remain in the United States for up to 18 months.
Can I Bring My Family to the US on an H-3 Visa?
Trainees' spouses and children who are under the age of 21 may accompany them to the United States as H-4 nonimmigrants. However, H-4 nonimmigrants are not permitted to work in the United States.
What Privileges Do I Enjoy on H-3 Visa?
H3 trainees may stay in the United States for up to 2 years, whereas Special Education Visitors are permitted to stay for up to 18 months.
No extensions are available, but H3 holders may apply for a Change of Status.
Visa holders may travel freely in and out of the U.S. while visa is valid. Note that the 24/18 month time limit is strictly from the time of issue, and any time spent outside the country is still counted.
A trainee’s legal spouse and any unmarried children under 21 may accompany them to the U.S., but they are not permitted to work.
Costs of the H-3 Visa Program
The trainee institution should file Form I-129, Petition for Nonimmigrant Worker to USCIS. The fee for the document is $460.
