Employers sometimes need to hire foreign labor when there is a shortage of available U.S. workers to fill certain jobs. Under certain conditions, U.S. immigration law may allow a U.S. employer to file a Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS) on behalf of a prospective foreign national employee. Upon approval of the petition, the prospective employee may apply for admission to the United States, or for a change of nonimmigrant status while in the United States, to temporarily work or to receive training. For most employment-based nonimmigrant visa categories, the employer starts the process by filing Form I-129 with USCIS. Filing instructions and forms are available on the USCIS web site at www.uscis.gov. Please note that in some cases the employer must file a Labor Condition Application or Application for Temporary Employment Certification with the Department of Labor (DOL) and/or obtain certain consultation reports from labor organizations before filing a petition with USCIS. What are the various types of visa classifications under which a foreign national may temporarily engage in employment or training? The following are the most common visa classifications under which a foreign national may temporarily work or train: Am I required to file an application or other request with the U.S. Department of Labor for each foreign national employee? Certification from the Department of Labor (DOL) is required only for the H-1B, H-2A, and H-2B nonimmigrant classifications. You must first request certification from DOL before submitting your I-129 petition to USCIS. For H-1B nonimmigrants, a Labor Condition Application, and for H-2A and H-2B nonimmigrants, an Application for Temporary Employment Certification must be filed in accordance with DOL instructions. For filing instructions and other information, please see the DOL Web site at www.foreignlaborcert.doleta.gov. DOL certification is not required for the other nonimmigrant, employment-based, or investor-based visa classifications previously listed. What happens after I file a Form I-129, Petition for aNonimmigrant Worker?After you file, we will send you a receipt so you know that we havereceived your petition. If your petition is incomplete, we may have toreject it and return your fee,or ask you for more evidence or information, which will delayprocessing. We will notify you when we make a decision. If theprospective employee is in the United States in a valid nonimmigrantstatus, he or she can begin working for the employer upon approvalof the Form I-129 petition, provided that: How can an employee extend his or her status if it is aboutto expire? If it appears that an employee may be needed longer than the period for which he or she was approved in his or her current nonimmigrant status, an employer may be able to file a new Form I-129 petitionon behalf of the employee. To avoid disruption of authorized employment, employers are encouraged to file a petition to extend the employee’s status well before it expires. Note, however, that if the employee has already stayed for the maximum allowable period of time, an extension may not be granted. If I filed for an extension of status for my employee, buthave not received a decision by the time his or her statusexpires, can I continue to employ the individual? If: