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The H-3 Nonimmigrant trainee visa is designed for aliens to receive training other than graduate or medical education training (physicians are not allowed to enter the U.S. on an H-3 visa). The visa allows foreigners to come to the United States for training purposes only; the foreigner is expected to return to their home country to perform their job with the skills learned in the United States. Training for H-3 visas can include training in the following fields: agriculture, commerce, communications, finance, government, transportation, and other professions.
The U.S. employer or organization must provide the following information:
After the Form I-129 is approved, you or your attorney of record must submit:
Only 50 H-3 visas for special education exchange visitors may be approved per year. In 2011, only 3 H-3 visas were approved for special education exchange visitors. The visa processes is complex and ample evidence must be provided in order to be considered for the visa.
The U.S. organization or employer must provide documentation on what specific training the alien will receive, the training requirements of the alien, and the documentation on where and when the training will occur and information on the staff of the facility.
The special education exchange visitor must show that they are in the process of completing their baccalaureate degree program in the area of special education, they have already received their baccalaureate degree in special education, or that they have a substantial amount of experience teaching children that with emotional, mental, or physical disabilities.
The U.S. employer or organization must file Form I-129 Petition for nonimmigrant worker. The application must contain all of the above stated information. The potential special education exchange visitor should show that they have a substantial amount of experience in teaching the mentally, emotionally, or physically disabled. In addition, they should also show that the services they would provide are not available in the United States.
An H-3 trainee visa can remain valid for up to 2 years, whereas an H-3 visa for a special education exchange visitor can remain valid for up to 18 months.
There are no extensions while on an H-3 visa. In addition, if the H-3 visa holder remains in the United States for the maximum period of time allowed, they will be unable to change their status until they have been outside the United States for at least 6 months.
If the H-3 visa holder has not stayed in the U.S. for the maximum time allowed on an H-3 visa, they are allowed to change to another nonimmigrant status, if their new prospective employer files Form I-129 Petition for Nonimmigrant Worker, at their local USCIS office.
There are no travel restrictions on the H-3 visa. H-3 visa holders are allowed to enter and leave the U.S. as often as they wish.
H-3 visa holders are allowed to bring their spouse and dependent children under 21 years of age to the United States under H-4 visa status. They may remain in the United States as long as the H-3 visa holder’s visa is valid. Dependents of H-3 visa holders are not allowed to work under an H-4 visa. Dependents of H-3 visa holders may study at schools, colleges, or universities and do not need to obtain separate student visas.
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