H-3 Nonimmigrant Trainee or Special Education Exchange Visitor

Opportunities:

  • This nonimmigrant work visa program is designed for Trainees to receive training in any field of endeavor, that is not available in the foreign national’s home country. This visa program excludes graduate medical education or training.
  • This program is also designed for Special Education Exchange Visitor to participate in a training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
  • Trainees’ spouses and children who are under the age of 21 may accompany the visa holder to the United States as H-4 nonimmigrants.
  • In order to obtain H-3 classification, the U.S. employer or organization must petition the beneficiary to train in their institutions.
  • If the petition is approved, the trainee may be allowed to remain in the United States for up to 2 years. As for the special education exchange visitor, the trainee may remain in the United States for up to 18 months. H-3 could be a very viable solution for foreign workers that are not selected in the Cap-subject H-1B random selection.

Challenges:

  • H-4 nonimmigrants are not permitted to work in the United States.
  • USCIS strictly scrutinizes the training program plan associated with the H-3 petition and challenges any possible aspect of feasibility of the training operation.
  • This classification is not intended for U.S. employment.  It is designed to provide a foreign national with job-related training for work that will ultimately be performed outside the United States.
  • There is a cap on the number of H-3 special education exchange visitors. No more than 50 may be approved in a fiscal year.

The services we offer:

  • Draft highly detailed training plans that dovetails every aspect of the business training operation and have clear strategies to defend the feasibility of the plan even before USCIS’ challenges arise.
  • Overall initial assessment to ensure compliance with the H-3 regulations and memos.
  • Pre-submission due diligence and checking to ensure consistency among documents.
  • Adequate explanation of the training necessity and rationale for adopting certain operational training practices or methodologies.
  • Ensure all petitions and applications are filed within a timely manner to fulfill the client’s expectations and dates of intended training. As well as, filing in a timely manner in order to not be subject to cap limitations.