The H-3 nonimmigrant visa category is for an alien coming temporarily to the United States as either a:
An H-3 “trainee” must be invited by an individual or organization for the purpose of receiving training, other than graduate or medical education training, in any field including, but not limited to:
This classification is not intended for employment within the United States. It is designed to provide an alien with job related training for work that will ultimately be performed in the alien’s home country.
In order to obtain H-3 classification, a U.S. employer or organization must provide:
There is a numerical limit (or “cap”) on the number of H-3 “special education exchange visitors” each fiscal year. As of February 1, 2010, USCIS had not received any petitions requesting H-3 classification to participate in a special education exchange visitor program in fiscal year 2010.
A petition requesting an H-3 “special education exchange visitor” must be filed by a U.S. employer or organization and include a description of the training the alien will receive and description of the staff and facilities where he/she will be trained. The employer should also explain the details of your participation in the training.
In addition, the U.S. employer or organization must show that the beneficiary is:
Note: Any custodial care of any children must be incidental to the alien’s training.
In order to obtain H-3 classification, your United States employer or organization must file a Form I-129, Petition for Nonimmigrant Worker. The petition must be accompanied by the information provided above.
If the petition is approved, you may be allowed to remain in the United States for up to 2 years. If your petition is approved for you to obtain training in the area of special education, you may remain in the United States for 18 months.
Your spouse and children who are under the age of 21 may accompany you to the United States. However, they will not be permitted to work in the United States.