Non-immigrant Trainee or Special Education Exchange Visa (H-3)

Requirements

In order to obtain H-3 classification, a US employer or organization must demonstrate that:

• the proposed training is not available in the foreign nationals own country;
• the foreign national will not be placed in a position which is in the normal operation of the business and in which US citizens and resident workers are regularly employed;
• the foreign national will not engage in productive employment unless such employment is incidental and necessary to the training; and
• the training will benefit the beneficiary in pursuing a career outside the United States.

Special Education Exchange Visitor

There is a numerical limit (or “cap”) on the number of H’3 special education exchange visitors.  No more than 50 may be approved in a fiscal year.

A petition requesting an H-3 “special education exchange visitor must be filed by a facility which has professionally trained staff and a structured program for providing education to children with disabilities, and for providing training and hands-on experience to participants in the special education exchange visitor program.  It should include a description of:

• the training the foreign national will receive;
• the facility’s professional staff and
• the foreign national’s participation in the training program.  In addition, the petition must show that the special education exchange visitor is:

• nearing the completion of a baccalaureate
• or higher degree program in special education or
• has already earned a baccalaureate or higher degree in special education; or
• has extensive prior training and experience teaching children with physical mental or emotional disabilities