The H-3 trainee non-immigrant visa is for foreign individuals to participate in a training program offered in the US that is not available in the trainee’s home country. The training is designed to enhance the trainee’s career abroad and will not result in a position placement within the U.S. in which a citizen is regularly employed. The visa is suitable for people who do not have a Bachelor’s Degree and the fields of training include but are not limited to commerce, communications, finance, government, transportation, or agriculture.
Special Education H-3 Visa
This visa category is also available for someone who wishes to enter the United States in order to participate in a structured program that provides for practical training and experience in the education of children with physical, mental or emotional disabilities. This is called the “special education” H-3 classification and has slightly different eligibility requirements.
In order to be eligible for the “special education” H-3 training visa, the U.S. employer or organization must submit a description of the training as well as a description of the staff and facilities where the training will take place. The employer should also explain the details of the trainee’s participation in the training.
In addition, the U.S. employer or organization must show that the trainee is nearing the completion of a baccalaureate degree program in special education or that the trainee already has a baccalaureate degree in a special education program or that the trainee has experience in teaching children with physical, mental or emotional disabilities.
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 petition is approved to obtain training in the area of special education, the trainee may remain in the United States for 18 months.
Family of H-3 Visa Holders
The spouse and unmarried children under the age of 21 may join the applicant in the U.S. under the H-4 status. However, they will not be permitted to work in the United States.