H-3 Nonimmigrant Trainee or Special Education Exchange Visitor

The H-3 nonimmigrant visa category allows noncitizens coming temporarily to the United States as either a:

1. Trainee:

To receive training in any field of endeavor, other than graduate medical education or training, that is not available in the noncitizen’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.

Trainees

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

This classification is not intended for U.S. employment. It is designed to provide a noncitizen with job-related training for work that will ultimately be performed outside the United States.

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

The proposed training is not available in the noncitizen’s native country.
The noncitizen 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.
The noncitizen will not engage in productive employment unless such employment is incidental and necessary to the training; and
The training will benefit the beneficiary in pursuing a career outside the United States.

Each H-3 petition for a trainee must include a statement that:

- Describes the type of training and supervision to be given, and the structure of the training program.
- Sets the proportion of time that will be devoted to productive employment.
- Shows the number of hours that will be spent, respectively, in classroom instruction and in on –the-job training.
- Describes the career abroad for which the training will prepare the noncitizen.
- Indicates the reasons why such training cannot be obtained in the noncitizen’s country and why it is necessary for the noncitizen to be trained in the United States

AND

Indicates the source of any remuneration received by the trainee and any benefit which will accrue to the employer/organization for providing the training.

A training program may not be approved which:

Deals in generalities with no fixed schedule, objectives or means of evaluation.
Is incompatible with the nature of the petitioner’s business or enterprise.
Is on behalf of a noncitizen who already possess substantial training and expertise in the proposed field of training.
Is in a field in which it is unlikely that the knowledge or skill will be used outside the United States.
Will result in productive employment beyond that which is incidental and necessary to the training.
Is designed to recruit and train noncitizens for the ultimate staffing of domestic operations in the United States.
Does not establish that the petitioner has the physical plant and sufficiently trained manpower to provide the training specified.

Is designed to extend the total allowable period of practical training previously authorized a nonimmigrant student.

Special Education Exchange Visitor

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.

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.

It should include a description of:

The training the noncitizen will receive.
The facility’s professional staff;

AND

The noncitizen’s participation in the training program.

In addition, the petition must show that the special education exchange visitor is:

Nearing the completion of a baccalaureate or higher degree program in special education; or
Has already earned a baccalaureate or higher degree in special education; or
Has extensive prior training and experience teaching children with physical, mental

Workers in a specialty occupation and the following sub-classifications:

H-1B1 :

Free Trade Agreement workers in a specialty occupation from Chile and Singapore.

H-1B2 :

Specialty occupations related to Department of Defense Cooperative Research and Development projects or Co-production projects.

H-1B3 :

Fashion models of distinguished merit and ability.

H-1 B1-This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.

The occupation requires

Theoretical and practical application of a body of highly specialized knowledge; and
Attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.

The position must also meet one of the following criteria to qualify as a specialty occupation:

Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the particular position.
The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, the job is so complex or unique that it can be performed only by an individual with a degree.
The employer normally requires a degree or its equivalent for the position.
The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.*

For you to qualify to perform services in a specialty occupation you must meet one of the following criteria:

Hold a U.S. bachelor’s or higher degree required by the specialty occupation from an accredited college or university.
Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree required by the specialty occupation from an accredited college or university.
Hold an unrestricted state license, registration, or certification that authorizes you to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment.

Have education, specialized training, and/or progressively responsible experience that is equivalent to the completion of a U.S. bachelor’s or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty*.

Period Of Stay

As an H-1B specialty occupation worker or fashion model, you may be admitted for a period of up to three years. Your time period may be extended, but generally cannot go beyond a total of six years, though some exceptions do apply under sections 104(c) and 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21), 8 CFR 214.2(h)(13)(iii)(D) and (E).

Your employer will be liable for the reasonable costs of your return transportation if your employer terminates your employment before the end of your period of authorized stay. Your employer is not responsible for the costs of your return transportation if you voluntarily resign from your position.