H3 Visa

Before applying for the H3 Visa, it is important that you first find out whether or not your chosen field will qualify under this particular visa. Some of the programs that may not be approved may include those that:

• Do not have a fixed schedule
• Do not have objectives
• Are incompatible with the US business that invited you to the US originally
• Are being offered to someone who already has substantial training and experience within the field
• Are in a field where the knowledge or skill set is unlikely to be useful outside of the US
• Will lead to productive employment
• Is designed to train and recruit US citizens outside of the US
• Are designed to simply extend the time allowed for practical training for a student that was previously in the US under a nonimmigrant student visa

The organization or individual sponsoring you (also known as the petitioner) may need to provide substantial evidence of a physical training plan, and proof that they have the trained manpower to actually provide the training without jeopardizing both your education and the functionality of the business. If this can not be provided, the petition for an H3 visa may not be approved.

An H3 visa is available to those who are looking at specialising in educating children with physical, mental, or emotional disabilities. The training facility must file the petition to request an H3 visa for you. The institution that is providing the special education training program must meet the following requirements:

• They must have professionally trained staff to provide your training
• They must have a structured program built for education to children with disabilities
• They must be able to provide physical training and hands-on experiences (not entirely theory-based)
• They must be able to provide proof that you have completed, or are nearing the completion of a higher degree program in special education
• They must be able to provide proof that you have already had extensive training and prior experience in teaching children with mental, physical and/or emotional disabilities

Although there is no limit for the trainee in the US on an H3 Visa, there is a statutory numerical limit for the amount of H3 Visas for special education exchange visitors allowed in the US. The United States Citizen and Immigration Services (USCIS) only approves up to 50 H3 visas for special education visitors every fiscal year. Considering the number of people wanting to come and train in the US, you can see how limited these spaces are.

Applicants for the special education training program cannot have custodial care (primary and solo care) of children. Custodial care of a child should only occur as a result of the program that you are training in.

If you intend to take graduate medical training or wish to further your education in a graduate medical field, you will not be eligible for the H3 Visa, as your intended goals will take you away from the area of expertise.

Like most visa applications, the process can be quite long and complex. The H3 Visa application documents for both versions of the H3 Visa will differ, but the application for both is relatively similar. Just like the H-2B Visa as well as other H Visa categories, the US sponsor/petitioner is the person who needs to begin the application process on your behalf.

To begin the H3 classification process, the petitioner must start by filing a Form I-129, Petition for Nonimmigrant Worker. This petition must include a written statement (more information below), and all supporting documents (as listed below).

The US sponsor can file a petition for multiple applicants at the same time if they intend to take several trainees at once, so long as these trainees will be receiving the same training program as each other, attending at the same locations at the same time.

Once the USCIS has approved the H3 petition, you will be able to apply for the H3 Visa through the US Embassy and Consulates in Canada.

As part of the application process for an H3 Visa for the special education program, the US petitioner will need to include a written statement alongside Form I-129, Petition for Nonimmigrant Worker. In this letter, the petitioner will need to emphasize the level of how you will use your knowledge gained once you return to Canada (or travel elsewhere outside of the US). The letter should provide a detailed description of the following:

• The training that is being offered at the program in which you will be attending
• The level of professionalism and training of the current staff that will be involved with your training
• The level of participation expected of you whilst training
• The types of activities that you will be involved in during your time in the program

You will also be required to provide supporting documentation to show the level of education you have thus far received in relation to the special education training program. This can be your already acquired bachelor’s degree or higher education degree, proof that you have nearly completed either of these degrees, and/or all evidence of training and experience within this field.

As part of the application process, the US petitioner will need to include a written statement alongside Form I-129, Petition for Nonimmigrant Worker. In this letter, the petitioner will need to emphasize the level of how you will use your knowledge gained once you return to Canada (or travel elsewhere outside of the US). The letter should provide a detailed description of the following:

• The type of training and supervision you will receive
• The structure of the program you will be attending
• The amount of time that you will devote to productive employment
• The number of hours spent on the job
• Your career in Canada that is connected with your selected training
• Why the training cannot be done in Canada
• Any remuneration that will be received during the training, and the source of the said remuneration
• The benefits that the US organization will gain by providing the training to you