The H-3 classification applies to aliens (beneficiaries) coming temporarily to the U.S. to participate in a training program. There are general H-3’s, and those coming for special education training. There is currently no annual cap on H-3 admissions to the U.S.
The petitioning employer or sponsors must demonstrate that the:
- Proposed training is not available in the beneficiary’s home country;
- Beneficiary will not be placed in a position which is in the normal operation of the business, and in which citizens and resident alien workers are regularly employed;
- Beneficiary will not be productively employed except as incidental to training; and
- Training will benefit beneficiary in pursuing a career outside the U.S.
Note that H-3 status is not appropriate for graduate education, including medical training, except under special circumstances. Petitioning employers may not use H-3 classification for training programs primarily designed to benefit the U.S. companies and/or where U.S. workers would be employed but for the trainees’ services.
Dependents (spouses and unmarried children under 21 years of age) of H-3 principal trainees are entitled to H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4 status.
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.