H-3 Nonimmigrant Trainee or Special Education Exchange Visitor

If you would like to come to the United States in order to receive training in a profession or for a special type of education available in the US, you should apply for an H-3 visa.

The H-3 visa is meant for an alien temporarily coming to the US as either a 1) trainee, other than graduate or medical education training, that is not available to the alien in his or her home country or 2) a Special Education Exchange Visitor to be able to participate in a training program for children with physical, mental, or emotional disabilities.

A trainee must be invited to the US by an individual or organization for the purpose of receiving specialized training in any field including, but not limited to the following:

• Commerce
• Communications
• Finance
• Government
• Transportation
• Agriculture

This visa is not meant for the purpose of gaining employment within the US, but to provide an alien with training for work that will ultimately be performed in the alien’s home country.

In order to obtain an H-3 visa, a US employer or organization must provide the following:

• Detailed description of the training the alien wishes to pursue. This should include the number of hours per week that you will be in the classroom and the number of hours per week that you will be involved in on-the-job training
• Summary of your prior training and experience that would qualify you for this type of training
• Explanation of why your training is needed to pursue the employment you are seeking
• Explanation of why you can’t take the training in your home country or evidence that the training is not offered 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

There is a cap to the number of H-3 visas each fiscal year that are designated as “special education exchange visitors.

In addition to the information for a normal H-3 visa, the US employer who is petitioning for the beneficiary must show the following:
• That the beneficiary is nearing the completion of a baccalaureate degree program in special education
• That the beneficiary has already earned a baccalaureate degree in a special education program, or
• That the beneficiary has experience teaching children with physical, mental or emotional disabilities.

Application Process

Your US employer must file a Form I-129 (Petition for Nonimmigrant Worker). This form must be accompanied by all relevant evidence required and listed above.

Period of Stay

Upon the approval of your petition, you may be allowed to stay in the US for up to two years. If your training is in the field of special education, you may remain in the US for a period of 18 months.

Family of H-3 Visa Holders

Once approved, your spouse and any children who are under the age of 21 may accompany you to the US. Any accompanying family members may not, however, work in the US without first getting their own legal permission to work in the US.