H3 US Visa for Trainees or Special Education Visitors

The H-3, also known as the Trainee or Special Education Visitor visa, is another form of work visa available in the United States. This visa is for foreign nationals who wish to visit the United States for a limited time to obtain training or special education.

What is the H3 US visa?

The H-3 visa allows its holders to enter the country and enrol in their preferred training institution if one is available. The applicant must enrol in a training programme that is not available in their home country in order to obtain this visa.

The training programme should not be a full academic or medical degree, but rather practical programmes that provide the candidate with more specialised skills. The applicant must gain this new knowledge and skills and demonstrate that they can apply them in their home country. The candidate should be able to succeed in their career as a result of the training programme.

Who is eligible for an H3 Visa?

The H-3 visa is available for two different forms of programmes – training program and special education. With the exception of medical occupations and training, a training programme may be in any area of study: finance, transportation, agriculture, communications, government, business, and other fields are examples of areas that qualify for training programmes. 

Special education, on the other hand, entails enrolling in a theoretical or realistic curriculum to further the applicant’s understanding of children with special needs, such as physical needs, mental difficulties, or emotional challenges.

H-3 US Visa Requirements

Since the organisation hosting the training must invite the applicant in order for the visa to be granted. To be eligible for an H-3 visa, the applicant must meet the following requirements:

• The applicant must receive a formal invitation from the training institution.
• The applicant’s future will benefit from the training or special education programme.
• After the training programme, the applicant plans to return to their home country.
• Proof that the applicant was unable to locate the programme in their own country.
• With the exception of work planned in the training programme, the candidate would not have a full-time job in the United States.
• There is no medical development in this programme.

Applicants should also compile a comprehensive overview of the training programme. The following should be included in this description:

• When and how many hours of practical work are needed, as well as when and how many hours of lectures should be held.
• The program’s curriculum and structure.
• What kinds of jobs and occupations will benefit from the training programme.
• The advantages that the candidate would receive as a result of the training.
• The reasons why this training programme does not operate in the applicant’s country of origin.
• The financial and other advantages that the organisation receives as a result of delivering that particular form of training.

Can I work on a H3 US Visa?

The holder of an H-3 visa is not permitted to work in the United States. The candidate may only do realistic work that is part of the training program’s curriculum. They cannot, however, enter into any job arrangement in the United States that is considered formal employment. Other types of visas, such as the H-1B visa, H-2A visa, H-2B visa, and so on, allow its holders to work.

How to obtain an H-3 Visa?

The H-3 visa, like the other H-type visas, cannot be initiated by the applicant. Instead, the applicant must locate a suitable training programme and apply for admission. The training program’s host institution should then begin the H-3 visa application process. The organisation could then petition the relevant agencies for the H-3 applicant to be granted a visa, just as it does for H-1B, H-2A, or H-2B visas.

File the Form I-129

The educational institution should file Form I-129, Petition for Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS). The paper costs $460 to obtain. The petition with USCIS should includes a summary of the training or special education programme that the applicant wishes to join, as well as additional documentation including:

• the training institution’s personnel;
• the applicant’s profile (prior education and degrees, prior experience is needed, work experience in the area in which the training will be conducted is needed and whether or not the applicant would benefit financially from the training);
• if the facility is a special education school, it must also show that it provides certain programmes or training.

The petition should be filled out completely and submitted to USCIS along with the other documents listed above. The petition must be submitted at a particular time, usually more than six months prior to the start of the training programme.

This is because it will take time to process, and if filed later, USCIS cannot guarantee that the petition will be processed and a decision will be approved. If the petition is accepted, they will submit Form I-797 to the organisation, which will assist the participant in obtaining a visa.

Visa application supporting documents

The visa application should be made at the applicant’s home country’s US Embassy. The following documents should be submitted by the applicant:

• A valid passport
• Certificate of birth.
• Fill out the DS-160 form online.
• I-129 and I-797 are two forms that must be completed.
• One photograph that satisfies the US visa photo criteria.
• A land deed, an apartment lease, or a potential work contract that proves your intent to return to your home country.
• Pay the $190 application fee.

Schedule an interview

After you’ve submitted your papers, you’ll need to schedule an interview. After that, an interview will be held to determine whether you are eligible to attend the training or special education programme and whether you fulfil any of the requirements.

Your documentation and interview will serve as the foundation for the US Embassy’s decision on whether or not to grant you an H-3 visa. If you receive a positive response, you will receive a visa stamp and will be able to join the programme to which you have been accepted.

H-3 US visa processing time

Each visa has a different processing period. You must ensure that the organisation petitions on your behalf at least 6 months prior to the start of the training programme. The petition will take four to six weeks to be processed by the USCIS.

After that, you’ll need to collect your documents and start the application process. Depending on the level of demand at your local US Embassy, it could take anywhere from one to three months for them to respond with a final decision on whether or not you would be granted an H-3 visa.

H-3 US visa validity 

An H-3 visa holder is allowed to remain in the United States for the duration of the training or special education programme. When USCIS approves Form I-129, they provide the organisation with an I-797 Form that specifies the timeframe.

H-3 visas for training programmes are generally available for up to two years. The training participant must return to their home country after two years. For those enrolled in special education services, H-3 visas are only valid for 18 months.

Is it possible to renew the H3 visa?

The H-3 visa is unique among the H-type visas in that it cannot be renewed. Applicants are unable to prolong their stay in the United States until their visa has expired. Furthermore, H-3 visa holders are ineligible to apply for a Green Card.

If a training programme participant expresses an intent to apply for a U.S. immigrant visa, their H-3 visa may be refused or revoked. They must show that they want to use the skills they learned during the training programme when they return.

Why was the H3 US visa rejected?

There are a lot of requests that are rejected by USCIS and the US Embassy because the US government only issues a limited number of H-3 visas per year. Only 50 citizens from other countries are allowed to access the United States with this visa, out of all the applicants. 

There are some of the reasons why the H-3 visa could be denied:

• If the applicant intends to work in the United States.
• If a participant in the training has already undergone similar training.
• H-3 visas are no longer available since the quota has been reached.
• The training programme is unstructured and general.
• If the institution’s capacity to train the applicant is insufficient.
• The teaching institution did not file a timely petition.

Is it possible to bring dependents to the United States on an H-3 visa?

Your spouse and children under the age of 21 are allowed to go with you if you are given an H-3 visa. The H-4 visa is for H-3 visa holders’ families. The H-4 visa requires students to enrol in academic courses but not to work.

Can I change the H-3 visa status?

H-3 visa holders may apply to change their status. If you are enrolled in a training programme but then find a job that needs an H-1B, H-2A, or H-2B visa, your employer will file a petition with USCIS to change your status.

Sources

• [1] https://www.uscis.gov/working-in-the-united-states/temporary-workers/
• [2] https://www.uscis.gov/forms/explore-my-options/h-2a-h-2b-and-h-3-visa