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H-3 Nonimmigrant Trainee or Special Education Exchange Visitor

Professional guidance for trainees and special education exchange visitors seeking H-3 visas

H-3 Nonimmigrant Visa Category

The H-3 nonimmigrant visa category is for an alien coming temporarily to the United States as either a:

Trainee

To receive training, other than graduate or medical education training, that is not available in the alien's home country

Special Education Exchange Visitor

To participate in a special education exchange visitor training program for children with physical, mental, or emotional disabilities

Trainee

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:

  • • Commerce
  • • Communications
  • • Finance
  • • Government
  • • Transportation
  • • Agriculture
  • • Or the professions

Important Note:

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:

  • Detailed description of the structured training program in which you wish to pursue. The description should indicate the number of hours per week that you will be in classroom training and the number of hours per week that you will be involved in on-the-job training
  • Summary of your prior training and experience
  • Explanation of why your training is needed
  • Explanation of why you can't take the training in your home country
  • Explanation of how the training will benefit you in pursuing your career in your home country
  • Explanation of how your employer or organization will pay for the cost of providing you the training without actually employing you

Special Education Exchange Visitor

Numerical Limit:

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.

Petition Requirements:

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
  • • 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:

  • • Nearing the completion of a baccalaureate degree program in special education
  • • Has already earned a baccalaureate degree in a special education program, or
  • • Has experience teaching children with physical, mental or emotional disabilities

Note: Any custodial care of any children must be incidental to the alien's training.

Application Process

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.

Period of Stay

General H-3 Trainees:

If the petition is approved, you may be allowed to remain in the United States for up to 2 years.

Special Education Exchange Visitors:

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.

Family of H-3 Visa Holders

Your spouse and children who are under the age of 21 may accompany you to the United States.

Important Restriction:

However, they will not be permitted to work in the United States.

Why Choose Apsan Law for H-3 Trainee Services

Our Expertise

    Over 35 years of immigration law experience
    Specialized knowledge in H-3 visa applications
    Expert guidance on training program requirements
    Multilingual staff (Portuguese and Spanish)

Our Services

    H-3 trainee visa applications
    Special education exchange visitor petitions
    Training program documentation assistance
    Employer compliance guidance
    Family visa applications (H-4)

Ready to Start Your H-3 Trainee Journey?

Contact our experienced immigration attorneys for personalized guidance on your H-3 visa application