H-3 Nonimmigrant Trainee or Special Education Exchange Visitor
Special Education Exchange Visitor
There is a numerical limit (or “cap”) on the number of H-3 special education exchange visitors. No more than 50 may be approved in a fiscal year. So far, one has been approved in fiscal year 2012.
A petition requesting an H-3 “special education exchange visitor” must be filed by a U.S. employer or organization. It should include a description of:
- The training the alien will receive
- The staff and facilities where the training will occur
- The trainee’s participation in the training
- Nearing the completion of a baccalaureate degree program in special education
- Has already earned a baccalaureate degree in a special education program, or
- Has experience teaching children with physical, mental or emotional disabilities.
Note: Any custodial care of children must be incidental to the alien’s training.
In order to obtain H-3 classification, the U.S. employer or organization must file a Form I-129, Petition for Nonimmigrant Worker. The petition must be filed with the information provided above.
Period of Stay
If the petition is approved, the trainee may be allowed to remain in the United States for up to 2 years. If the trainee petition is approved for a special education exchange visitor, the trainee may remain in the United States for up to 18 months.
Family of H-3 Visa Holders
Trainees' spouses and children who are under the age of 21 may accompany them to the United States. However, the family members will not be permitted to work in the United States.
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