The H-3 nonimmigrant visa category is available for a worker who is coming temporarily to the U.S. to receive training (other than graduate medical education or training). The training may be provided by a business entity, academic, or vocational institute. The H-3 nonimmigrant visa category is also available for workers who are coming temporarily to the U.S. to participate in a special education training program for children with physical, mental, or emotional disabilities. There is a limit of 50 visas per fiscal year allocated to H-3 aliens participating in special education training programs.

The training program must be one that is not designed primarily to provide productive employment. The petition for the H-3 must, by regulation, present evidence that:

  1. The proposed training is not available in the foreign worker's country
  2. The training will benefit the beneficiary in pursuing a career outside the U.S.
  3. No productive employment is involved unless it is incidental and necessary to the training and pursuing a career abroad
  4. The beneficiary must not be placed in a position that is in a normal operation of the business in which citizenship/resident workers are regularly employed.

The petition should also include:

  1. The reason why the training program is not available in the home country
  2. How the program benefits the petitioner
  3. The source of the remuneration for the trainee
  4. The position and duties of the training program
  5. The number of hours of supervised and unsupervised training
  6. The number of hours of classroom instruction
  7. The proportion of time devoted to productive employment
  8. The type of training, supervision and structure of the training program

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