H-3 Visa

Special Education Training

The H-3 classification also applies to an alien coming temporarily to participate in a Special Education Training program in relation to the education of children with physical, mental, or emotional disabilities.

What are the key documents required for the H-3 Special Education Training Program Petition?

The US sponsoring employer must file the Form I-129. The petitioner must have a professional staff and a structured program for providing education to children with disabilities. The following documents must be attached with the petition:

1. A description of the training, staff and facilities,
2. Evidence the program meets the above conditions and details of the foreigner’s participation in the program, and
3. Copies of evidence the foreigner is nearing completion of a baccalaureate degree in special education, already holds such a degree or has extensive prior training and experience in teaching children with physical, mental, or emotional disabilities.

Alien Trainee

The H-3 classification applies to aliens (beneficiaries) coming temporarily to the U.S. to participate in a training program. There are general H-3’s, and those coming for special education training. There is currently no annual limitation on H-3 admissions to the U.S.

Do I Qualify?

Whether or not you qualify for the H-3 Visa is established by the sponsor or your employer. The petition signed by the sponsor should show that:

1. The proposed training is not available in your home country
2. You will not be placed in a position which is in the normal operation of the business, and in which US citizens and resident alien workers are regularly employed
3. You will not be productively employed except as part of the training
4. The training will help you in pursuing a career outside the U.S.

Caution: H-3 status is not appropriate for graduate education, including medical training, except under special circumstances. Petitioning employers may not use H-3 classification for training programs primarily designed to benefit the U.S. companies and/or where U.S. workers would be employed but for the trainees’  services.

Including more than one trainee in a petition

Foreign H-3 trainees who will apply for their visas at the same consulate or, if they do not need visas, will enter at the same port of entry may be included in one petition if
•  The dates of training are the same, and
•  They will perform the same duties.

Can I bring my family with me?

Yes. You are allowed to bring your spouses and unmarried children under 21 years of age. You dependants are can obtain an H-4 status but with the same restrictions as yours. Dependents may not be employed under the H-4 status.

What are the key documents required for a petition?

The petition should be filed by the U.S. employer sponsoring the H-3 trainee. It must include the following:
1. A detailed description of the training program, including the number of classroom and on-the-job training hours per week
2. A summary of earlier training and experience of each H-3 foreigner
3. An explanation of why the training is required. Include details below:

o whether similar training is unavailable in the foreigner’s country,
o how the training will help the foreigner in pursuing a career outside of the US,
o what benefits the employer will derive from the training, and
o why the employer will incur the cost of providing the training without significant productive labor from the trainee(s).