The H-3 classification applies to foreign nations (“aliens”) coming temporarily to the U.S. to participate in a training program. There are general H-3′s, and those coming for special education training. There is currently no annual cap on H-3 admissions to the U.S.
The petitioning employer or sponsors must demonstrate that the:
- Proposed training is not available in the beneficiary’s home country
- Beneficiary will not be placed in a position which is in the normal operation of the business, and in which citizens and resident alien workers are regularly employed
- Beneficiary will not be productively employed except as incidental to training
- Training will benefit beneficiary in pursuing a career outside the U.S.
Note: H-3 status is not appropriate for graduate education, including medical training, except under special circumstances. Petitioning employers may not use H-3 classification for training programs primarily designed to benefit the U.S. companies and/or where U.S. workers would be employed but for the trainees’ services.
Dependents (spouses and unmarried children under 21 years of age) of H-3 principal trainees are entitled to H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4 status.
The petition should be filed by the U.S. employer with:
- 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 alien in the petition; and
- An explanation of why the training is required, whether similar training is available in the alien’s country, how the training will benefit the alien 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).
The H-3 classification also applies to an alien coming temporarily to participate in a special education training program in the education of children with physical, mental, or emotional disabilities. The petition must be filed with:
- A description of the training, staff and facilities, evidence the program meets the above conditions and details of the alien’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.
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