H-3 visa

The H-3 visa category is for an alien coming temporarily to the United States as either a Trainee or a Special Education Exchange Visitor.


ELIGIBILITY CRITERIA
 

• You are a trainee* to receive training, other than graduate or medical education training, that is not available in the alien’s home country. However it is not intended for employment within the United States. It is designed to provide an alien with job related training for work that will ultimately be performed in the alien’s home country; or
• You are a special education exchange visitor to participate in a special education exchange visitor training program for children with physical, mental or emotional disabilities


GENERALLY REQUIRED EVIDENCE

For Trainee:
• Detailed description of the structured training program in which you wish to pursue, including information about the number of hours per week that you will be in classroom training and the number of hours per week that you will be in for on-the-job training
• Summary of your prior training and experience
• Explanation of why your training is needed
• Explanation of why you can’t take the training in your home country
• Explanation of how the training will benefit you in pursuing your career in your home country
• Explanation of how your employer or organization will pay for the cost of providing you the training without actually employing you

For Special education exchange visitor:
• Detailed description of the training the alien will receive and description of the staff and facilities where he/she will be trained, and description of details of your participation in the training
• Evidence showing the beneficiary is nearing the completion of a baccalaureate degree program in special education, or has already earned a baccalaureate degree in a special education program, or has experience teaching children with physical, mental or emotional disabilities .


PROCEDURE

A. Change of Status in the United States

Stage 1: Collecting Evidence
Stage 2: Submit Petition to USCIS
Stage 3: Approval  


B. Consular Processing outside the United States

Stage 1: Collecting Evidence
Stage 2: Submit a Petition to USCIS
Stage 3: Visa Application
Stage 4: Interview at the US Embassy
Stage 5: Approval/Return of Passport & Visa


TIME FRAMES

Change of Status in the United States
Stage 1 to Stage 2: about 2 months
Stage 2 to Stage 3: about 3 months

Consular Processing outside the United States
Stage 1 to Stage 2: about 2 months
Stage 2 to Stage 3: about 2 months (depending on the workload and processing time of the US Embassy you are applying to)
Stage 3 to Stage 4: about 3 weeks (depending on the workload and processing time of the US Embassy you are applying to)
Stage 4 to Stage 5: about 1 week


EXCEPTIONS & NOTICE

A. You must have a US employer or organization that will file the petition on your behalf
B. Trainee must be invited by an individual or organization for the purpose of receiving training, other than graduate or medical education training, in any field including, but not limited to Commerce, Communication, Finance, Government, Transportation, Agriculture, or other professions
C. Period of Stay
    1) Trainee: up to 2 years
    2) Special Education Exchange Visitor: up to 18 months
D. I-907 for premium processing can be used

Siyuan Chang