(A) Externs. A hospital approved by the American Medical Association or the American Osteopathic Association for either an internship or residency program may petition to classify as an H-3 trainee a medical student attending a medical school abroad, if the alien will engage in employment as an extern during his/her medical school vacation. 

(1) The beneficiary has obtained a full and unrestricted license to practice professional nursing in the country where the beneficiary obtained a nursing education, or such education was obtained in the United States or Canada; and 

(2) The petitioner provides a statement certifying that the beneficiary is fully qualified under the laws governing the place where the training will be received to engage in such training, and that under those laws the petitioner is authorized to give the beneficiary the desired training. 

(ii) Evidence required for petition involving alien trainee--(A) Conditions. The petitioner is required to demonstrate that: 

(1) The proposed training is not available in the alien's own country; 

(2) The beneficiary will not be placed in a position which is in the normal operation of the business and in which citizens and resident workers are regularly employed; 

(3) The beneficiary will not engage in productive employment unless such employment is incidental and necessary to the training; and 

(4) The training will benefit the beneficiary in pursuing a career outside the United States. 

(B) Description of training program. Each petition for a trainee must include a statement which: 

(1) Describes the type of training and supervision to be given, and the structure of the training program; 

(2) Sets forth the proportion of time that will be devoted to productive employment; 

(3) Shows the number of hours that will be spent, respectively, in classroom instruction and in on-the-job training; 

(4) Describes the career abroad for which the training will prepare the alien; 

(5) Indicates the reasons why such training cannot be obtained in the alien's country and why it is necessary for the alien to be trained in the United States; and 

(6) Indicates the source of any remuneration received by the trainee and any benefit which will accrue to the petitioner for providing the training. 

(iii) Restrictions on training program for alien trainee. A training program may not be approved which: 

(A) Deals in generalities with no fixed schedule, objectives, or means of evaluation; 

(B) Is incompatible with the nature of the petitioner's business or enterprise; 

(C) Is on behalf of a beneficiary who already possesses substantial training and expertise in the proposed field of training; 

(D) Is in a field in which it is unlikely that the knowledge or skill will be used outside the United States; 

(E) Will result in productive employment beyond that which is incidental and necessary to the training; 

(F) Is designed to recruit and train aliens for the ultimate staffing of domestic operations in the United States; 

(G) Does not establish that the petitioner has the physical plant and sufficiently trained manpower to provide the training specified; or 

(H) Is designed to extend the total allowable period of practical training previously authorized a nonimmigrant student. 

(iv) Petition for participant in a special education exchange visitor program. 

(A) General requirements. 

(1) The H-3 participant in a special education training program must be coming 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 alien trainees shall not apply to petitions for participants in a special education exchange visitor program. 

(B) Evidence. An H-3 petition for a participant in a special education exchange visitor program shall be accompanied by: 

(1) A description of the training program and the facility's professional staff and details of the alien's participation in the training program (any custodial care of children must be incidental to the training), and 

(2) Evidence that the alien participant 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.