H-3 trainee or special education exchange visitor

The H-3 nonimmigrant visa category allows aliens coming temporarily to the United States as either a: Trainee to receive training in any field of endeavor, other than graduate medical education or 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 that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.

This classification is not intended for U.S. employment. It is designed to provide a alien with job-related training for work that will ultimately be performed outside the United States.

An H-3 “trainee” must be invited by an individual or organization for the purpose of receiving training

In order to obtain H-3 classification, the U.S. employer or organization must file a Form I-129, Petition for Nonimmigrant Worker.

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

The proposed training is not available in the alien’s native country;

Deals in generalities with no fixed schedule, objectives or means of evaluation;

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;

Indicates the source of any remuneration received by the trainee and any benefit which will accrue to the employer/organization for providing the training.

No more than 50 may be approved in a fiscal year.

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.

This classification is not intended for U.S. employment.

The alien will not engage in productive employment unless such employment is incidental and necessary to the training;

Trainees' spouses and children who are under the age of 21 may accompany them to the United States as H-4 nonimmigrants. However, H-4 nonimmigrants are not permitted to work in the United States.

If the petition is approved, the trainee may be allowed to remain in the United States for up to 2 years. If the trainee petition is approved for a special education exchange visitor, the trainee may remain in the United States for up to 18 months.

The training will benefit the beneficiary in pursuing a career outside the United States.