H-3 classification applies to trainees other than medical or academic. This classification also applies to practical training in the education of handicapped children. The training is specifically oriented toward employment. The visa anticipates that the alien will not be entering the USA for the purpose of engaging in productive employment even though some degree of productive employment may be permissible so long as it is incidental to the training and is otherwise inconsequential in nature.
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The U.S. Company is required to demonstrate:
- The alien will not receive graduate medical education or training in the U.S.
- The proposed training in the U.S. is not available in the alien's own country;
- The alien will not engage in productive employment unless such employment is incidental and necessary to the training;
- The alien will not be placed in a position in the normal operation of the business in which citizens and resident workers are regularly employed; and
- The training will benefit the alien in pursuing a career outside the U.S.
The family members of the H-3 alien are classified in the H-4 category. However, they are not permitted to work, in order to work they must change status to a nonimmigrant category for which employment is authorized. Petition must be filed by the U.S. employer with:
- Form I-129, along with the H supplement.
- A description of the training program, staff, facilities, number of classroom hours per week, and the number of hours of on-the-job training per week
- Details of the trainee participation in the program
- Reasons why a trainee needs the training
- Details of compensation to the trainee, if any
- Evidence that the program provides special education to children with physical, mental, or emotional disabilities, and that any custodial care of the children is only incidental to the training program
The validity for H-3 visa is 2 years for regular training and up to 18 months for special education training program.