8 CFR § 214.2: Petitions for Temporary Nonimmigrant Employees
The H–3 is a visa given to a nonimmigrant who seeks to enter the United States at the invitation of an organization or individual for the purpose of receiving training in any field of endeavor, such as agriculture, commerce, communications, finance, government, transportation, or the professions, as well as training in a purely industrial establishment. Only 50 such visas are available every year.
Who can File and What to File
Any US facility, Institution or Employer meeting the requirements of a structured training program with practical training under the conditions set forth below can file on USCIS Form I-129.
Required Evidence and Conditions.
The petitioner is required to demonstrate that:
( 1 ) The proposed training is not available in the alien’s own country;
( 2 ) The beneficiary will not become permanent;
( 3 ) The beneficiary will not engage in productive employment unless such
employment is incidental and necessary to the training; and
( 4 ) The training will benefit the beneficiary in pursuing a career outside the US
Each petition for a trainee must include a statement which:
- Describes the type of training and supervision to be given, and the structure of the training program;
- Sets forth the proportion of time that will be devoted to productive employment;
- Shows the number of hours that will be spent, respectively, in classroom instruction and in on-the-job training;
- Describes the career abroad for which the training will prepare the alien;
- Indicates the reasons why such training cannot be obtained in the alien’s country and why it is necessary for the alien to be trained in the United States; and
- Indicates the source of any remuneration received by the trainee and any benefit which will accrue to the petitioner for providing the training.
Special Education Trainees
- must be coming to participate in a structured program with practical training and experience in the education of children with physical, mental, or emotional disabilities.
- The petition 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.
- Participants in a special education exchange visitor program are exempted.
Required Evidence for Special Education Trainee
( 1 ) A description of the training program and the facility’s professional staff (any custodial care of children must be incidental to the training), and
( 2 ) Evidence that the alien participant is nearing completion of a baccalaureate or higher degree in special education, or already holds such a degree, or has extensive prior training and experience in teaching children with physical, mental, or emotional disabilities.
Restrictions on H-3 Visa Program
A training program may not be approved which:
(B) Is incompatible with the nature of the petitioner’s business or enterprise;
(C) Is on behalf of a beneficiary who already possesses substantial training and expertise in the proposed field of training;
(D) Is in a field in which it is unlikely that the knowledge or skill will be used outside the United States;
(E) Will result in productive employment beyond that which is incidental and necessary to the training;
(F) Is designed to recruit and train aliens for the ultimate staffing of domestic operations in the United States;
(G) Does not establish that the petitioner has the physical plant and sufficiently trained manpower to provide the training specified; or
(H) Is designed to extend the total allowable period of practical training previously authorized a nonimmigrant student.