H3 Visa for Trainees or Special Education Exchange Visitors

The H3 visa is a non-immigrant visa available for foreign nationals who wish to enter the U.S. to receive training in a U.S company for the purpose of employment outside of the United States. This includes those who seek to gain practical training in educating children with physical, mental or emotional disabilities. However, applicants who wish to undertake a graduate program or medical training are not eligible for this permit.

An H3 Visa holder must have a foreign residence and have no intention of staying and working in the U.S. when their immigration status expires.

If you are applying for a Special Education Training Program, you cannot be engaged in the custodial care of children. Whilst both Trainees and Special Education Visitors can both apply for this type of visa, there is a cap of only 50 visas per fiscal year for the Special Education Exchange Visitor category.

If the H3 Visa petition is approved, trainees can remain in the USA for up to 2 years and Special Education Exchange Visitors can stay in the country for up to 18 months.

To qualify for an H3 classification, you must meet the following requirements:

• The training program must not be available in your home country
• You must not be seeking medical education or training
• You need this training to advance your career in any country outside the U.S.
• You will not pursue a career in the U.S.
• You cannot be placed in a position which is typically offered to U.S. citizens
• You must not already possess any valuable training or expertise in your field

You are allowed to study if this may support your training. However, since you must be engaged in your program on a full-time basis, you cannot join a full-length educational course. If you are a foreign pupil interested in studying as well as receiving training, you can submit a J1 Visa application.

The H3 Visa process depends on your chosen program. The processing time may vary from a few weeks to three months in either case. Like the other H visa categories, the H3 visa process must be initiated by a US sponsor.

To apply as a trainee, the U.S. employer or organization must file Form I-129 (Petition for Non-immigrant Worker). The petition must include a written statement describing the structure of your training program. It is also important to stress how you are going to use this knowledge for your career outside the U.S.

Special Education Exchange Visitors petitions must be filed by the sponsor that is going to provide your training. It should include a detailed description of your role and your participation in the program.

In addition, your supporting documents must show that you hold or are nearing the completion of a degree in special education. Evidence of any prior training and experience in the same field can enhance your chances to get an H3 Visa.

Once the H3 petition has been approved, the trainee or special education participant can then apply for the H3 visa at a U.S Embassy in their home country.

When you apply for the H3 visa at your local U.S Embassy, you will be required to submit the following documents:

• Form DS-160 – this is the application form for a non-immigrant visa and must be completed online
• Form I-129 and Form I-797
• A valid passport
• Your birth certificate
• A passport sized photograph
• Documents which prove your intent to return to your home country – this can include documents such as a rental agreement or future job contract

You may be required to attend an interview after you have submitted the above documents in order to further assess whether you meet the eligibility requirements.

The H3 visa is a non-immigrant permit that usually grants a period of stay of up to two years.

However, if you are applying as a Special Education Exchange Visitor, you can remain in the country for no more than 18 months.

There is no possibility of extension of an H3 Visa. Upon completion of your program, you must go back to your home country. You need to reside outside the U.S. for six months before you can re-apply for an H or L visa status.

Since this is a non-immigrant permit, it cannot be used as a pathway to permanent residency in the U.S. The only possible way to go from an H3 Visa to a Green card is to request a change of status. If you are participating in a training program, but find a job which requires an H-1B, H-2A, or H-2B visa, your employer can petition to USCIS for you to change your status.