For the employer
In order to obtain H-3 classification, a US employer or organization must demonstrate that:
- the proposed training is not available in the foreign national’s 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