H-3 Nonimmigrant Trainee or Special Education Exchange Visitor Visa
By
Dev B. Viswanath
An H-3 visa is a work visa for people from other countries who want to come to the United States for a specific amount of time to get special education or training. A person must enroll in a training program that is not available in their home country if they come to the United States to receive training. Agriculture, commerce, communication, finance, and transportation are all examples of training areas. While enrolled in the training program, the individual is unable to receive any medical training or a full academic degree. The goal of a person attending a training program ought to be to acquire advanced skills that are unavailable in their home country and then put those skills to use when they return. The individual should also benefit from the training in terms of career advancement. To gain a better understanding of children with special needs, those seeking special education training in the United States must enroll in a hands-on or academic program. Physical requirements, mental obstacles, or emotional difficulties are all examples of special needs.
A foreign individual must be invited to the training organization's program in order to be eligible for an H-3 visa. The individual ought to submit a letter to USCIS outlining the training organization and the program in detail. The following details should be included in the letter:
The program's curriculum;
When lectures will take place and how many hours of practical work will be required, if necessary;
What advantages does that particular type of training bring to the organization;
how the program will benefit the applicant; and/or why is this kind of program not available in the person's home country?
Similar to other H visas, the H-3 visa cannot be applied for by a foreign national; instead, the organization hosting the training must petition for the H-3 visa. A petition containing a description of the training or special education program, evidence that such a program is offered at the organization, and supporting documents outlining the reasons why the applicant should be granted an H-3 visa must be submitted to USCIS by the organization. Information about an applicant's educational background, employment history, and whether they have received any training in the past are examples of supporting documents. The applicant must demonstrate that they are nearly finished with a baccalaureate or higher degree program in special education, have already completed one, or have extensive prior training and experience teaching children with physical, mental, or emotional disabilities in order to receive special education training. An H-3 visa petition must also include a completed and signed I-129.
The only kind of work that an H-3 visa holder can do in the United States is practical work that is part of the training program's coursework. There are only 50 H-3 special education visas that can be granted in a fiscal year, so there are not many H-3 special education visas granted annually. In a training program, an H-3 visa holder can stay in the United States for up to two years, and in a special education program, an H-3 visa holder can stay in the United States for up to 18 months. An H-4 non-immigrant can accompany an H-3 visa holder to the United States with their spouse or children under the age of 21. While on an H-4 visa, spouses and children are not permitted to work, but they are permitted to attend school.
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