H-3 Visa Petition – Special Education Exchange Visitor

1. Procedure for Petition with CIS. 8 C.F.R. § 214.2 (h) (7) (iv) (A).

The petition for an H-3 Special Education Exchange Visitor must be filed by a facility that has a professionally trained staff and a structured program for providing education to children with disabilities.

The facility must petition the CIS by filing Form I-129, Petition for Nonimmigrant Worker, with the CIS service center responsible for the area where the H-3 Special Education Exchange Visitors will receive their training.

The facility must provide for training and hands-on experience to the H-3 visa participants in the special education exchange visitor program.

 

2. Evidence Required. 8 C.F.R. § 214.2 (h) (7) (iv) (B).

A petition for an H-3 Special Education Exchange Visitor must be accompanied by:

  • A description of the training program and the facility’s professional staff and details of the H-3 Exchange Visitor’s participation in the training program (any custodial care of children must be incidental to the training); and
  • Evidence that the H-3 Exchange Visitor:
  • Is nearing completion of a baccalaureate or higher degree in special education;
  • Already holds a baccalaureate or higher degree in special education; or
  • Has extensive prior training and experience in teaching children with physical, mental, or emotional disabilities.