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  Home >> Visa Information >>H3 Category-Trainee /Participant of Special Education Exchange Visitor Program of USA Visa


H-3 Category (Trainee / Participant of Special Education Exchange Visitor Program)
Who Can Apply?
This category is applicable to those candidates who seek admission to US at the invitation of an organization or individual for the purpose of receiving training in any field of endeavor, such as agriculture, commerce, communications, finance, government, transportation, or the professions, as well as training in a purely industrial establishment or as a participant in a special education exchange visitor program which offers practical training and experience to children with physical, mental, or emotional disabilities.

Category

Form

Fee

Validity

H-3 Trainee of Special
Education Exchange
Visitor Program

DS-156
DS-157
I-129

Refer Visa Fee earlier

18 to 24 months

Externs

A medical student in wishing to engage in employment as an extern during the vacation can seek entry to U.S. under this category provided such a petition is filed on behalf of the applicant by the hospital approved by American Medical Association or American Osteopathic Association for an internship or residency program

Nurses

The U.S. employer can file a petition on behalf of the Indian candidate only if the candidate does not posses a H-IC Status and the employer establishes the genuine reason requiring candidate to undertake a short period of training which is not available in India and such training is designed to benefit the nurse and the employer in India who may employ the nurse at later stage if:

(1) The candidate possess a full and permanent license to practice professional nursing in India or US or Canada; and

(2) The employer submits a statement certifying that the candidate is fully qualified under the laws governing to the place where the nurse will undertake the training.

A physician cannot seek admission under H-3 category to undertake any type of graduate medical education or training.


Documents Required
The U.S. employer must establish that:

(1) Such training is not available in India

(2) The candidate will not be employed in a position which involves day to day operation of the business and where U.S. citizens and resident workers are regularly employed

(3) The candidate will not be engaged in employment unless it is necessary and incidental to that training

(4) The training will benefit the candidate in pursuing a career in India or outside the US.

The petition must include the following statement which:

(1) Details the type of training and supervision to be given, and the structure of the training program
(2) Describes the proportion of time to be spent in employment
(3) Details the number of hours to be spent in classroom instruction and in on-the-job training

(4) Details the future employment of the candidate in India or outside US for which the training is provided
(5) Explains the reasons why such training cannot be obtained in India and why should the Indian candidate be trained in US
(6) Details the source of any salary to be received by the trainee and any benefit which the employer in US will receive by providing such training.

Petition Requirements
General requirements

(1) The H-3 participant in a special education training program must be going to the United States to participate in a structured program which provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.

(2) The petition must be filed by a facility which has professionally trained staff and a structured program for providing education to children with disabilities, and for providing training and hands-on experience to participants in the special education exchange visitor program.

(3) The requirements in this section for Indian trainees shall not apply to petitions for participants in a special education exchange visitor program.

(4) Proof that the Indian candidate is nearing completion of a baccalaureate or higher degree 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.

Approval

The petition for a trainee will be valid for a period of two years. The petition for a participant in a special education training program will be valid for a period of 18 months

Limitation on admission

Any candidate as a participant in a special education program who has already spent a maximum of 18 months in the US; or a trainee who has spent a maximum of 24 months in the US, cannot seek extension or change of status. Same candidate can also not be readmitted to U.S. unless he/she has resided outside U.S. for at least 6 months prior to ,readmission.

Exemption

The candidate who did not reside continuously in US and the job is of seasonal nature which lasts for six months or more but less than a year can seek exemption.

The candidate who regularly travels to US to get engaged in part-time employment can seek exemption.

Note: To seek this exemption the employer and the Indian candidate must submit evidence that the candidate qualifies for such an exemption by means of arrival and departure records, copies of tax returns, and records of employment abroad.
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