Alien Trainees (H-3)
The H-3 classification applies to aliens (beneficiaries) coming temporarily
to the U.S. to participate in a training program. There are general
H-3’s, and those coming for special education training. There
is currently no annual cap on H-3 admissions to the U.S.
The petitioning employer or sponsors must demonstrate that the:
- Proposed training is not available in the beneficiary’s home
country
- Beneficiary will not be placed in a position which is in the normal
operation of the business, and in which citizens and resident alien
workers are regularly employed
- Beneficiary will not be productively employed except as incidental
to training
- Training will benefit beneficiary in pursuing a career outside the
U.S.
Note: H-3 status is not appropriate for graduate education, including
medical training, except under special circumstances. Petitioning
employers may not use H-3 classification for training programs primarily
designed to benefit the U.S. companies and/or where U.S. workers would
be employed but for the trainees’ services.
H-3 Training
The H-3 category applies to an alien coming temporarily to receive
training from an employer in any field other than graduate education
or training.
Petition Document Requirements
The petition should be filed by the U.S. employer with:
- A detailed description of the training program, including the number
of classroom hours per week and the number of hours of on-the-job
training per week;
- A summary of the prior training and experience of each alien in
the petition; and
- An explanation of why the training is required, whether similar
training is available in the alien's country, how the training will
benefit the alien in pursuing a career abroad, what benefits the employer
will derive from the training, and why the employer will incur the
cost of providing the training without significant productive labor
from the trainee(s).
H-3 Special education training program
The H-3 classification also applies to an alien coming temporarily
to participate in a special education training program in the education
of children with physical, mental, or emotional disabilities.
Petition Document Requirements
The petition (Form I-129) must be filed by the U.S. employer who has
a professional staff and a structured program for providing education
to children with disabilities. The petition must be filed with:
- A description of the training, staff and facilities, evidence the
program meets the above conditions and details of the alien's participation
in the program; and
- Copies of evidence the alien is nearing completion of a baccalaureate
degree or higher 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.
