H3 visa is the nonimmigrant visa granted to foreign nationals who intend to stay in U.S. for a temporary period to receive training in any field of endeavor, other than graduate medical education or training, but not limited to agriculture, commerce, communications, finance, government, transportation and other professions. The said training is not available in the home country of the applicant and is the job-related training for work that will ultimately be performed outside U.S. It also requires to be demonstrated that after the training the foreign national shall not be placed in a position regularly held by a U.S. worker and the training will benefit the applicant in his or career abroad.
H3 visa is also granted to the special education exchange visitor who will participate in a special exchange visitor training program that provides for practical training and experience in the education of children with physical, mental or emotional disabilities. Only 50 applications of H-3 special education exchange visitors are approved in a single fiscal year. The applicant should have one of the following qualifications:
1. Has completed a baccalaureate or higher degree program in special education; or
2. Nearing the completion of a baccalaureate or higher degree program in special education; or
3. Has extensive prior training and experience teaching children with physical, mental or emotional disabilities.
In order to obtain H-3 visa, the U.S. employer or organization is required to file the Form I-129. H-3 trainee visa is given for two years. However, if the petition is approved for a special education exchange visitor, then the period of stay is 18 months. During the stay in U.S. the visa holder is not permitted to work for compensation unless such employment is incidental and necessary to the training. Any custodial care of children must be incidental to the foreign national’s training.
The spouse and unmarried children under 21 years of age, of H-3 visa holders can accompany him or her in H-4 dependent status. Family members with H-4 status are not eligible for employment. After the completion of the training, the H3 holder shall apply for H or L visa only after staying outside U.S. for at least six months.