H-3 H-3 Nonimmigrant Trainee or Special Education Exchange Visitor

At a Glance

Item	Details
Visa name	H-3 Nonimmigrant
Purpose	Training or special education exchange
Stay	Up to 2 years
Special education stay	Up to 18 months
Cost	Not stated in the source
Eligibility timing	Training temporarily in United States
Work rights	Incidental training work only
Study	Not stated in the source
Medicare	Not stated in the source
Travel facility	Not stated in the source
Citizenship	Not stated in the source
Family sponsorship	Spouse and children under 21
Family work rights	H-4 holders cannot work
Visa record	Form I-129 petition
Special education cap	50 approvals per fiscal year

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Purpose

The H-3 category is for people coming temporarily to the United States as either:

• Trainees receiving training unavailable in their home country, excluding graduate medical education or training; or
• Special Education Exchange Visitors receiving practical training and experience educating children with physical, mental, or emotional disabilities.

Trainee Eligibility

A U.S. employer or organization must invite and petition for the trainee. The petitioner must show that:

• The training is unavailable in the trainee’s native country.
• The trainee will not fill a regular position held by U.S. citizens or resident workers.
• Productive employment will be only incidental and necessary to training.
• The training will support a career outside the United States.

H-3 training is not intended for U.S. employment. It provides job-related training for work ultimately performed outside the United States.

Training Plan Requirements

The petition must include a statement covering:

• Training type, supervision, and program structure.
• Productive-employment time.
• Classroom and on-the-job training hours.
• The career abroad the training will support.
• Why training is unavailable in the trainee’s country.
• Why U.S. training is necessary.
• Remuneration source and employer or organization benefits.

A program may not be approved if it lacks a fixed schedule, objectives, or evaluation methods; is incompatible with the petitioner’s business; or primarily provides productive employment.

It also may not be approved if the trainee already has substantial expertise in the field, the skills are unlikely to be used outside the United States, or the program is designed to staff U.S. operations.

Special Education Exchange Visitors

A petition must be filed by a facility with professionally trained staff and a structured program for educating children with disabilities and training participants.

The petition must describe:

• Training the participant will receive.
• The facility’s professional staff.
• The participant’s role in the training program.

The participant must be one of the following:

• Near completion of a baccalaureate or higher special education degree;
• Holder of a baccalaureate or higher special education degree; or
• Experienced and extensively trained in teaching children with disabilities.

Any custodial care of children must be incidental to training.

Only 50 H-3 special education exchange visitors may be approved each fiscal year.

Stay

• Trainees: Up to 2 years.
• Special Education Exchange Visitors: Up to 18 months.

Work Conditions

H-3 trainees may not engage in productive employment unless it is incidental and necessary to their training.

Family Members

A trainee’s spouse and unmarried children under 21 may accompany them as H-4 nonimmigrants.

H-4 nonimmigrants cannot work in the United States.

How to Apply

The U.S. employer or organization must file Form I-129, Petition for Nonimmigrant Worker, with the required training-program information and supporting evidence.