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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
in special education, already holds such a degree or has extensive prior training and experience in teaching children with physical, mental, or emotional disabilities.
Filing the I-129 Petition:
USCIS Form I-129 consists of a basic petition and different supplements that
apply to the various visa categories. In order to petition for a temporary worker, the prospective employer or agent must file Form I-129, Petition for Nonimmigrant Worker, and the appropriate supplement with the
U.S. Citizenship and Immigration Services (USCIS) accompanied by the required payment, and initial evidence or documentation.
Once the petition is approved, the employer or agent is sent a Notice of
Approval, Form I-797. Approval of a petition does not guarantee visa issuance to an applicant. Applicants must also establish that they are admissible to the U.S. under provisions of the Immigration and Nationality Act (INA).
Applying for the Visa:
If the prospective worker (beneficiary) is outside of the country, he must
apply for a visa. After the USCIS has approved the I-129 and sent notice to the consulate in the beneficiary’s country, the beneficiary must file a visa application with the consulate. Some aliens may be visa exempt. In those cases, the I-129 approval notice is sent to the port of entry (POE) where the beneficiary intends to apply for admission. For specific procedures on Visa Application Procedures, Required Documentation and Visa Ineligibility Waiver, please visit Visa Services at the Department of State.
If the beneficiary is already in the U.S. and is changing from one
nonimmigrant status to another, a visa is not required. However, a visa may be required if the beneficiary subsequently leaves the U.S. and wishes to re-enter.
Entry into the U.S.
Applicants should be aware that a visa does not guarantee entry into the
United States. The U.S. Customs and Border Protection (CBP) has authority to deny admission at the port of entry to any applicant who is inadmissible under INA, even if the applicant has a visa. Also, the CBP, not the consular officer, determines the period for which the bearer of a temporary work visa is authorized to remain in the United States. At the port of entry, CBP officials issue Form I-94, Record of Arrival-Departure, which notes the length of stay permitted. The decision to grant or deny a request for extension of stay, however, is made solely by the USCIS.
When to file:
Petitions should be filed as soon as possible, but no more than 6 months
before the proposed employment will begin or the extension of stay is required. If the petition is not submitted at least 45 days before the employment will begin, petition processing and subsequent visa issuance may not be completed before the alien's services are required or previous employment authorization ends.
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