H-3 Visa: Pathway to Non-Immigration Visa Services for Trainee or Special Education Exchange Visitor

An H-3 “trainee” must be invited by an individual or organization for the purpose of receiving training, in any field including but not limited to:  

• Agriculture
• Commerce 
• Communications 
• Finance 
• Government 
• Transportation 
• Other Professions

This classification is not intended for U.S. employment.  It is designed to provide a noncitizen with job-related training for work that will ultimately be performed outside the United States. In order to obtain H-3 classification, a U.S. employer or organization must demonstrate that:

• The proposed training is not available in the noncitizen’s native country;
• The noncitizen will not be placed in a position which is in the normal operation of the business and in which U.S. citizens and resident workers are regularly employed;
• The noncitizen will not engage in productive employment unless such employment is incidental and necessary to the training; and
• The training will benefit the beneficiary in pursuing a career outside the United States.

Each H-3 petition for a trainee must include a statement that:

• Describes the type of training and supervision to be given, and the structure of the training program;
• Sets the proportion of time that will be devoted to productive employment;
• Shows the number of hours that will be spent, respectively, in classroom instruction and in on –the-job training;
• Describes the career abroad for which the training will prepare the noncitizen;
• Indicates the reasons why such training cannot be obtained in the noncitizen’s country and why it is necessary for the noncitizen to be trained in the United States; and
• Indicates the source of any remuneration received by the trainee and any benefit which will accrue to the employer/organization for providing the training.

A training program may not be approved which:

• Deals in generalities with no fixed schedule, objectives or means of evaluation;
• Is incompatible with the nature of the petitioner’s business or enterprise;
• Is on behalf of a noncitizen who already possess substantial training and expertise in the proposed field of training;
• Is in a field in which it is unlikely that the knowledge or skill will be used outside the United States;
• Will result in productive employment beyond that which is incidental and necessary to the training;
• Is designed to recruit and train noncitizens for the ultimate staffing of domestic operations in the United States;
• Does not establish that the petitioner has the physical plant and sufficiently trained manpower to provide the training specified; or
• Is designed to extend the total allowable period of practical training previously authorized a nonimmigrant student.

There is a numerical limit (or “cap”) 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 completion of a baccalaureate or higher degree program in special education; or
• Has already earned a baccalaureate or higher degree in special education;  or
• Has extensive prior training and experience teaching children with physical, mental or emotional disabilities.

Note: Any custodial care of children must be incidental to the noncitizen’s training.

In order to receive an H-3 visa, the U.S. employer files an H-3 petition with the appropriate U.S. Citizenship and Immigration Services (USCIS) regional service center. The petition must include a statement which:

• Describes the type of training and supervision to be given, and the structure of the training program;
• Sets forth the proportion of time that will be devoted to productive employment;
• Shows the number of hours that will be spent, respectively, in classroom instruction and in on-the-job training;
• Describes the career abroad for which the training will prepare the FN;
• Indicates the reasons why such training cannot be obtained in the FN’s country and why it is necessary for the FN to be trained in the United States; and
• Indicates the source of any remuneration received by the FN and any benefit which will accrue to the petitioner for providing the training.

USCIS will not approve a training program which:

• Deals in generalities with no fixed schedule, objectives or means of evaluation;
• Is incompatible with the nature of the petitioner’s business or enterprise;
• Is on behalf of an FN who already possesses substantial training and expertise in the proposed field of training;
• Is in a field in which it is unlikely that the knowledge or skill will be used outside the United States;
• Will result in productive employment beyond that which is incidental and necessary to the training;
• Is designated to recruit and train FNs for the ultimate staffing of domestic operations in the United States;
• Does not establish that the petitioner has the physical plant and sufficiently trained manpower to provide the training specified; or
• Is designed to extend the total allowable period of practical training previously authorized to a nonimmigrant student.

 When pursuing an H-3 visa, you should consider the following:

• Eligibility: You must meet the following requirements to qualify for an H-3 visa: 
  • You are not a US citizen or permanent resident 
  • You are not coming to the US for graduate medical training or to seek employment 
  • You are coming to the US to receive training that will help you find employment in another country 
  • You can prove that the same training is not available in your home country 
  • The training program is provided by a U.S. employer or organization 
  • The training program is not designed to provide productive employment 

• Training program: The training program must include: 
  • A description of the type of training and supervision 
  • A breakdown of the proportion of time devoted to productive employment 
  • A breakdown of the number of hours spent in classroom instruction and on-the-job training 
  • A description of the career abroad for which the training will prepare you 
  • A statement of how the training will be funded 

• Application costs: The total cost of an H-3 visa application can include: 
  • Form fees 
  • Travel to and from the U.S. embassy or consulate 
  • Translation services 
  • Fees associated with acquiring necessary supporting documents

• H-3 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 H-3 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.

 H-3 visas are not dual-intent visas, meaning that H-3 visa holders cannot have dual intent: 

• Explanation: Dual-intent visas allow a foreign person to have both the intent to temporarily stay in the United States and the intent to permanently stay. However, H-3 visa holders must demonstrate that they intend to return to their home country after completing their program

• Maximum stay of 2 years for general training.
• Special education visitors are limited to 18 months.

• The H-3 is most similar to J-1 visa, so it is worth comparing the two.
• H-3 can sometimes migrate to H-1B visas (which are more desirable but more challenging to obtain and also capped).
• If the beneficiary can prove exceptional ability, they may qualify for the O-1 visa, which affords an initial 3-year stay with unlimited potential one-year extensions.
• Canadian or Mexican citizens may be eligible for TN “NAFTA Professional” visa (3 years).

The H-3 Visa offers diverse opportunities for cultural and professional exchange. If you have further questions or need assistance with your application, feel free to ask!