Non-Immigrant Trainee Or Special Education Exchange Visitor (H-3)

Non-Immigrant Trainee Or Special Education Exchange Visitor (H-3)

  • ogramme that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.

Trainees

An H-3 “trainee” must be invited by an individual or organisation for the purpose of receiving training, in any field including but not limited to:

  • Commerce
  • Communications
  • Finance
  • Government
  • Transportation
  • Agriculture
  • Other professions

This classification is not intended for US employment. It is designed to provide a foreign national with job-related training for work that will ultimately be performed outside the United States.

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  • Requirements

     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

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