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H-3 Visa for Nonimmigrant Trainees

Home » H-3 Visa for Nonimmigrant Trainees

Are you looking to gain experience and special training in the U.S. to advance your career? Alcorn Immigration Law can help.

An H-3 visa allows foreign national to temporarily come to the U.S. to receive training that is unavailable in their home country.

 

Eligibility Requirements

To be eligible for an H-3 visa, a foreign national must be coming to the U.S. at the invitation of an employer or organization for job training as either:

  • A trainee receiving training in any field that is unavailable in the foreign national’s home country. Foreign nations seeking graduate medical education or medical training are ineligible for an H-3 visa.
  • A Special Education Exchange Visitor receiving training and experience in educating children with emotional, mental, or physical disabilities at a facility with professionally trained staff, a structured program, and hands-on experience. Up to 50 people may be approved as a Special Education Exchange Visitor per fiscal year.

 

Application Process for Trainees

A U.S. employer or organization must file for an H-3 visa on behalf of a foreign national. A Petition for Nonimmigrant Worker (Form I-129) must be filed with USCIS along with the following:

  • Details of the structure of the training program, the training and supervision the candidate will receive, and the number of hours spent in the classroom and on-the-job training.
  • The candidate’s prior experience and training.
  • Whether the training is available in the candidate’s home country.
  • An explanation of why the candidate needs to be trained in the U.S.
  • Describes the career outside the U.S. that the training will enable.
  • The source of any wages the trainee will receive.
  • The benefits the petitioning employer or organization will receive from providing the training.

 

Application Process for Special Education Exchange Visitors

A U.S. employer, organization or facility that has professionally trained staff, educates children with disabilities and special education exchange visitor program must file for an H-3 visa on behalf of a foreign national. A Petition for Nonimmigrant Worker (Form I-129) must be submitted to USCIS along with the following:

  • A description of the training, education program, staff, and facilities.
  • Details of what the candidate will be doing in the training program.
  • Evidence that the candidate is nearing the completion of a bachelor’s or higher degree program in special education, or already holds such a degree, or has prior training and experience teaching children with emotional, mental, or physical disabilities.

 

The Family of H-3 Visa Holders

Trainees and special education exchange visitors may be accompanied by their spouses and dependent children in the U.S. on H-4 visas. However, these H-4 visa holders are not permitted to work in the U.S.

 

We Can Help

At Alcorn Immigration Law, we help individuals and their families find the best solution to legally come to the U.S., whether temporarily or permanently, to pursue their dreams. If you have any questions, contact us.

MORE INFORMATION

  • Fees
    • $460 for Form I-129 (Petition for Nonimmigrant Worker)
  • Related Forms
  • USCIS Processing Time
    • About 4 months
  • Immigrant Intent
    • None. At the airport, border, or other port of entry, you will need to satisfy the U.S. government officer that you have a residence in your home country and do not intend to abandon it. You must demonstrate that you are a nonimmigrant—that your visit to the U.S. will end after a specific amount of time.
  • Who Qualifies
    • Trainees
  • Period of Stay
    • 2 years for a trainee.
    • 18 months for a special education exchange visitor.