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What is H-3 visa?

The H-3 is for individuals who been invited by an individual or organization for the purpose of receiving training in any field including, but not limited to:

  • Commerce
  • Communications
  • Finance
  • Government
  • Transportation
  • Agriculture
  • Or the professions

You are not eligible for this classification if you are coming to the United States for graduate education or training. If you are coming to the United States for graduate education or training please refer to the J-1 and F-1 classifications. This classification is not intended for employment within the United States. It was designed to provide you with job related training for you to work in your home country.

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.

What are the Eligibility Criteria?

In order to obtain H-3 classification, a U.S. employer or organization must provide:

  • Detailed description of the structured training program in which you wish to pursue. The description should indicate the number of hours per week that you will be in classroom training and the number of hours per week that you will be involved in on-the-job training.
  • Summary of your prior training and experience
  • Explanation of why your training is needed
  • Explanation of why you can’t take the training in your home country.
  • Explanation of how the training will benefit you in pursuing your career in your home country.
  • Explanation of how your employer or organization will pay for the cost of providing you the training without actually employing you.

Who can qualify for “Special Education” H-3 Training Visa?

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 you will take as well as a description of the staff and facilities where you will be trained. The employer should also explain the details of your participation in the training.

In addition, the U.S. employer or organization must show that you are:

or

or

  • Nearing the completion of a baccalaureate degree program in special education
  • That you already have a baccalaureate degree in a special education program
  • That you have experience in teaching children with physical, mental or emotional disabilities.

Note: Any custodial care of any children must be incidental to your training.

What is an Application Process?

In order to obtain H-3 classification, your United States employer or organization must file a Form I-129, Petition for Nonimmigrant Worker. The petition must be accompanied by the information provided above.

What is the Period of Stay?

If the petition is approved, you may be allowed to remain in the United States for up to 2 years. If your petition is approved for you to obtain training in the area of special education, you may remain in the United States for 18 months.

Can dependants of H-3 Visa Holders accompany H-3 Visa holder to the United States?

Your spouse and children who are under the age of 21 may accompany you to the United States. However, they will not be permitted to work in the United States.

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