- The H-3 nonimmigrant visa category allows foreign nationals coming temporarily to the U.S. to receive training in any field (other than graduate medical education or training), or participate in a special education program.
- The training may be offered by a U.S. branch of their own company or by an unrelated U.S. company.
- This classification is not intended for U.S. employment. It is designed to provide a foreign national with job-related training for work that will ultimately be performed outside the U.S.
Criteria for Trainee:
- Proposed training not available in the beneficiary’s home country;
- The beneficiary will not be placed in a position in which citizen and resident workers are regularly employed;
- No productive employment unless it is incidental, and necessary to the training and pursuing a career outside the U.S.;
- The training will benefit the beneficiary in pursuing a career outside the U.S.
Criteria for Special Education Visitor:
- Special education program provides for practical training and experience in the education of children with physical, mental or emotional disabilities;
- The petitioner must have professionally trained staff and a structured program for children that provides training and hands-on experience;
- The Beneficiary is nearing completion of a bachelor or higher degree in special education; or has already earned a bachelor or higher degree in special education; or has extensive prior training or experience;
- Any custodial care of children must be incidental to the training.
Cap for H-3:
- No numerical limit for trainee.
- No more than 50 for H-3 special education visitors in a fiscal year.
Period of Stay:
- If the petition is approved for a trainee, the beneficiary may be allowed to remain in the U.S. for the length of training program, but in no event longer than 2 years. No extension, change of status or readmission to H or L status granted after the 2 years, unless the beneficiary resided and is physically present out of the U.S. for 6 months. It training is seasonal, intermittent, or less than 6 months, this rule does not apply. In case of less than 2 years, the beneficiary may change of status or readmission to other status.
- If the petition is approved for a special education visitor, the beneficiary may remain in the U.S. for up to 18 months.
- Spouse and unmarried children under the age of 21 may come to the U.S. under H-4 status.
- They are not permitted to work.