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H3 Visa, Nonimmigrant Trainee or Special Education Exchange Visitor

Overview: The H-3 non-immigrant visa is for a foreign worker coming temporarily to the United States as a trainee to receive training not available at home country or special education exchange visitor to participate in a special education exchange visitor training program for children with physical, mental, or emotional disabilities.

The trainee must be invited by an individual or organization for the purpose of receiving training in any field including but not limited to Commerce, Communications, Finance, Government, Transportation and Agriculture.

Family: Spouse and unmarried children who are under 21 of H-3 visa holders could apply for H-4 Visa. H-4 visa holders do not have work authorization in United States.

Period of Stay: up to 2 years for trainee, up to 18 months for special education exchange visitor.

Green Card intent: Not Permitted. It is designed to provide a foreign worker with job-related training for work that will ultimately be performed outside the United States.


Statistics:
In fiscal year 2010, USCIS received 2,291 applications for H-3 visa, approved 1,778, denied 513, waived or overcome 355.

Every year, no more than 50 visa may be approved for H-3 special education exchange visitors.


Employer
In order to obtain H-3 classification, a U.S. employer or organization must provide:
  1. A detailed description of the structured training program. The description should indicate the number of hours per week the trainee will be in classroom training and the number of hours per week that the trainee will be involved in on-the-job training
  2. A summary of the trainee's prior training and experience
  3. An explanation of why the trainee needs the training
  4. A statement explaining why the training is unavailable in the trainee’s home country
  5. A statement explaining how the training will benefit the trainee in pursuing a career outside the United States
  6. A statement explaining who will pay for the training without the petitioner permanently employing the trainee

Last Updated: 4/21/2017.


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