Proposed training not available in foreign national’s home country;
Beneficiary will not be placed in a position in which citizen and resident workers are regularly employed;
No productive employment unless it is incidental and necessary to the training and pursuing a career outside the U.S.
The training will benefit the beneficiary in pursuing a career outside the U.S.
H-3 Petition Document Requirements
The petition should be filed by the U.S. employer with the following documentation:
A detailed description of the training program, including the number of classroom hours per week and the number of hours of on-the-job training per week;
A summary of the prior training and experience of each foreign national in the petition; and
An explanation of why the training is required, whether similar training is available in the foreign national’s country, how the training will benefit the foreign national in pursuing a career abroad, what benefits the employer will derive from the training, and why the employer will incur the cost of providing the training without significant productive labor from the trainee(s).
Special Education Training Program
The H-3 classification also applies to a foreign national coming temporarily to participate in a special education training program in the education of children with physical, mental, or emotional disabilities.
H-3 Special Education Petition Document Requirements
The petition must be filed by the U.S. employer who has a professional staff and a structured program for providing education to children with disabilities. The petition should be filed by the U.S. employer with the following documentation:
A description of the training, staff and facilities, evidence the program meets the above conditions and details of the foreign national’s participation in the program; and
Copies of evidence the alien is nearing completion of a baccalaureate degree or higher in special education, or already holds such a degree or has extensive prior training and experience in teaching children with physical, mental, or emotional disabilities.
Duration of Stay
The maximum period of admission on a Trainee H-3 visa is limited to 2 years and a Special Education Trainee is limited to 18 months.
Dependents
Dependents (spouses and unmarried children under 21 years of age) of H-3 workers are eligible for H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4 classification.
Diversity Lottery
Employment-Based