H-3 Visa: Trainee or Special Education Exchange Program
The H-3 Visa is a non-immigrant visa that allows foreign nationals to come to the United States for a temporary training program or to participate in a special education exchange program. This visa is intended for individuals who seek practical training in a field that is not available in their home country, excluding graduate medical education or training.
The H-3 Visa is typically granted for up to two years for trainees and up to 18 months for those in the special education program. Employment is not allowed, except as part of the training program.
Why Apply for an H-3 Visa?
- Gain Specialized Training: Learn industry-specific skills not available in your home country.
- Hands-On Experience: Participate in structured training programs with practical, on-the-job learning.
- Short-Term Stay: Ideal for professionals seeking temporary skill enhancement in the U.S.
- No Annual Cap: Unlike H-1B or H-2B visas, the H-3 Visa is not subject to a numerical limit.
- Family Can Accompany: Spouses and children (under 21) can join under H-4 dependent status.
Eligibility Criteria for an H-3 Visa
To qualify for an H-3 Visa, applicants must:
- Have a Training Program Sponsor: A U.S. employer or organization must offer a structured training program.
- Demonstrate Program Necessity: Prove that the training is not available in their home country.
- Show Non-Immigrant Intent: Must intend to return home after completing the program.
- Not Engage in Regular Employment: The training must be focused on learning, not replacing a U.S. worker.
- Special Education Trainees: Those applying for special education training must be involved in programs for children with disabilities.
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How to Apply for an H-3 Visa
U.S. Employer Files Form I-129 with USCIS
- The sponsoring U.S. employer or organization submits Form I-129 (Petition for Nonimmigrant Worker) to U.S. Citizenship and Immigration Services (USCIS).
- The petition must include a detailed training program, outlining:
- Objectives
- Training schedule
- Supervision details
- Justification for the program’s necessity
Wait for USCIS Approval
If approved, USCIS issues a Form I-797 (Notice of Action).
Apply for an H-3 Visa at a U.S. Embassy or Consulate
- The applicant must complete Form DS-160 (Online Nonimmigrant Visa Application) and schedule a visa interview.
- Required Documents for the Interview:
- Valid passport
- Visa application fee payment receipt
- Form I-797 approval notice
- Letter from the U.S. employer outlining the training program
Enter the U.S. & Begin Training
- If approved, the applicant receives an H-3 visa stamp and can travel to the U.S. to begin training.
- The visa holder must comply with all training program guidelines.