AWhat is H-3 visa?
H-3 visa is for Non-immigrant Trainee or Special Education Exchange Visitor; The H-3 non-immigrant visa category allows foreign nationals coming temporarily to the United States.
1) 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.
2) 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.
3) Trainees’ spouses and children who are under the age of 21 may accompany them to the United States as H-4 non-immigrants. However, H-4 non-immigrants are not permitted to work in the United States.
BQualification for H-3 visas
In order to obtain H-3 classification, a U.S. employer or organization must demonstrate that:
a. Trainee
1) 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: Agriculture,Commerce Communications ,Finance ,Government .Transportation ,Other Professions
2) The proposed training is not available in the foreign national’s native country;
3) 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;
4) The trainee’s working or educational background is consistent with the training plan.
5) Participation in projects must contribute to an applicant’s career outside the United States. And the applicant will return to his country after training.
b. Special Education Exchange Visitor
1) 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.
2) 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;
3) A petition requesting an H-3 “special education exchange visitor” must be filed by a facility which has professionally trained staff and a structured program for providing education to children with disabilities, and for providing training and hands-on experience to participants in the special education exchange visitor program.