Business Specialty Visa Plan Trainee Special Education H-3

Trainee/ Special Education H3 visa

Let’s say you come from the small nation of Burkina Faso and want to learn about wildlife conservation. Your country doesn’t offer a course in that, but the United States does. The H-3 nonimmigrant visa category was designed exactly for people like you.

In a nutshell, you can apply for an H3 visa to enter the US to receive any training that is not available in your home country other than graduate medical education or training.

The H3 visa is also for you if you have an interest in the education of children with physical, mental or emotional disabilities, and want to receive training in the US. In this case, the H3 visa allows you to receive the training you seek by participating in a Special Education Exchange Visitor training program.

Only 50 H3 visas are issued each year. They are single intent visas, meaning that the visa holder is expected to return to his or her country when the visa expires. Requesting a change of visa status or applying for a Green Card is not possible with an H3 visa.

Despite these restrictions, the H3 is an extremely specific and useful visa under certain situations. Some examples of situations in which the H3 visa is appropriate are —

— A US-based international company with branches in several other countries wants to train foreign employees in the US before sending them back to work elsewhere in a higher position.

— A US-based company wants to branch out internationally to another country. To start the new branch, they want to train their first employees from that country in the US so that they can run the branch.

Unfortunately, not many US programs meet the strict requirements of the US Citizenship and Immigration Services (USCIS). Many applicants find it more practical to apply for a B-1 business visitor visa, especially if the training program is shorter than six months duration, which is the maximum stay allowed on a B-1 visa.

Who is eligible for an H3 visa?

Two categories of people are eligible for the H3 visa —

— Non-US persons who need training in a professional field or area (other than medicine) that is not available in their home country. Examples of areas of training include agriculture, commerce, communications, finance, government and transportation. The US employer will have to show that the training being given is not available in the applicant’s country and that the trainee will not be employed or engaged in productive labor while in the US. Specific details of the training, including the training schedule, activities and break-up between classroom training and hands-on work experience may need to be provided.

— A non-US person who wants to receive practical training and experience in educating and working with children with special physical, mental or emotional needs. In this case, the applicant must show that he or she has completed or will soon complete a bachelor’s or higher degree program in special education; or has extensive training and experience teaching children with special needs.

Spouses and children under 21 of an H3 visa holder are allowed to travel to the US on H4 visas. However, they may not work in the US though they may study without applying for an F1 visa.

How long can you stay in the US on an H3 visa?

A Trainee may be allowed to stay in the US for up to two years. If the trainee will be entering the US as a Special Education Exchange Visitor, then the duration of stay cannot exceed 18 months. This visa does not provide a pathway to a Green Card; you will be expected to return to your home country at the end of the training period.

How do you apply for an H3 visa?

Applying for the H3 visa is a fairly straightforward process that is initiated by the US employer or institution that will provide the training.

1. The employer/institution files Form I-129 with the USCIS. This is also known as Petition for Nonimmigrant Worker. Form I-129 requests that you be allowed to enter the US on an H3 visa to receive training in a specific area or subject, or as a Special Education Exchange Visitor. Within a few weeks, the USCIS will send the petitioner a receipt for the fee, as well as a letter confirming that the application is being processed. The letter will include a 13-digit receipt number that can be used to track the case status.

Once the USCIS approves the petition, they will send an approval notice on Form I-797 (called a Notice of Action) to the petitioning organization, and a copy to the US Embassy or Consulate in your country.

2. Apply for a Non-Immigrant Visa online through form DS-160: You can now apply for an H3 visa. First, you must apply online for a nonimmigrant visa, by submitting Form DS-160. To do this efficiently and successfully, keep the following at hand before going online —

• Your passport, with at least 6 months validity.
• A visa photograph (to upload). The photo should conform to US Immigration photo specifications.
• Travel itinerary.
• Dates of every international trip you have made in your last five years, including to the US.
• Information on your current and previous education and work history.
• A copy of the I-129 form.
• A copy of the I-797 form.

More information about filling out the DS-160 form is available online. Remember to print out the DS-160 confirmation page with the bar code after submitting the form. You will need it at the interview.

3. Pay the visa application fee: This is $190 for the DS-160 application for an H3 visa and can be paid online. Be sure to print out a receipt confirming your payment. You will need it at the visa interview later. In some countries, this fee is payable at the time of your interview, and in others, it must be paid in advance.
4. Find your nearest US Embassy or Consulate. You can find the address online or by checking the global list of US Embassies and Consulates. Make a note of the address. You will need it in the next step.
5. Schedule your visa interview. Contact the US Embassy or Consulate nearest to you, preferably the one you named on the DS-160 form and schedule your interview. Since different embassies have different waiting periods, check the embassy’s website to find out how long you’ll have to wait.
6. Gather the necessary documents. You will need the following —

• Your passport, with at least 6 months validity.
• One photograph, conforming to US photo specifications
• Form DS-160 online submission confirmation with CEAC barcode.
• Receipt for H3 visa fees paid. You need to pay the fees in advance before taking an appointment.
• Original interview appointment letter and one copy.
• I-129 Petition Receipt Number, printed on the approved Form I-129 petition.
• Original H3 Form I-797 approval notice.
• Employment Verification Letter. If the H-3 petition was approved more than three months before your visa interview appointment, carry a more recently dated letter from your US employer or training institution confirming that you will be undergoing training in the United States.
• Original or certified copy of degrees and transcripts. It is recommended, though not always required, that you also carry your original post-secondary degrees and transcripts in case the consular officer asks for them. Non-English documents must be translated at your cost.
• Evidence of ties to your home country. Examples of this could include a driver’s license, club memberships, real estate holdings, as well as bank and investment accounts.
• Original or certified copies of marriage and children’s birth certificates, if your dependents will be applying for visas with you. Carry original certificates, if possible, in case they are required. in case the consular officer wishes to see them. As before, non-English documents must be translated at your cost.
• Reciprocity fee. The US charges a reciprocal visa issuance fee in countries that charge a visa issuance fee. You can check online if your country is eligible for a Reciprocity fee.
• Police or court records to establish that you have no criminal record. Non-English documents must be translated at your cost.

7. Go for the visa interview. The visa officer may request additional documents at his or her discretion and these requirements may vary from country to country.

How much does an H3 visa cost?

There can be several costs for getting an H3 visa, most of which will be borne by the employer.

$10 H1B Online Registration

$460 Basic fee for visa filing

$750 or $1,500 AICWA or American Competitiveness and Workforce Improvement Act training fee that varies with the number of employees in the company

$500 Fraud Prevention and Detection Fee

$4,000 Public Law fee if the H-1B employer has over 50 employees more than half of whom hold H-1B visas.

$190 DS-160 Non-Immigrant Visa Application processing fee

Need more help?

You may feel that you would like to have professional help in making your application or would perhaps like to consult a specialized immigration lawyer who specializes in immigration and visa matters. In this case, you can explore some of your options, including how to access our exclusive list of professional immigration lawyers.

If you have questions or would like clarifications, please send us an email. We’ll do our best to get back to you within 24 hours with an answer.