The H-3 classification applies to aliens (beneficiaries) 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.
Including more than one alien in a petition
Aliens who will apply for their visas at the same consulate or, if they do not need visas, will enter at the same port of entry may be included in one petition if
the dates of training are the same, and
they will perform the same duties.
The H-3 category applies to an alien coming temporarily to receive training from an employer in any field other than graduate education or training.
Petition Document Requirements
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).
H-3 Special education training program
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.
Petition Document Requirements
The petition (Form I-129) must be filed by the U.S. employer who has a professional staff and a structured program for providing education to children with 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 in special education, already holds such a degree or has extensive prior training and experience in teaching children with physical, mental, or emotional disabilities.