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H-3 Non-Immigrant Trainees

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H-3 Non-Immigrant Trainees

H-3Visa- Nonimmigrant Trainee of Special Education Exchange Visitor

The H-3 nonimmigrant visa category allows foreign nationals 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 foreign national’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.

Trainees

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:  

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

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 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 foreign national’s own country;
  • The foreign national 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 foreign national 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.

Special Education Exchange Visitor

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.  As of March 21, 2013, USCIS has approved H-3 petitions on behalf of 5 foreign nationals for Fiscal Year 2013.

Period of Stay

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.

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