Nonimmigrant-Based Employment - Hiring a Foreign National for Short-Term Employment

Sep 16, 2026

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Nonimmigrant-based employment guidance explains how employers may temporarily hire foreign nationals when U.S. workers are unavailable. It outlines the employment-based nonimmigrant visa categories and the requirement that the worker meet occupation-specific standards for the employer’s petition. The document describes how to use Form I-129 for nonimmigrant employment, including extension or status change, and details multi-step processes involving ETA labor filings and beneficiary actions inside or outside the U.S.

LanguageEnglish

CategoryLetters

FormatPDF

Pages106

Reading Time37 min

AccessFree to download

Nonimmigrant-Based Employment

Hiring a Foreign National for Short-Term Employment

Overview and Temporary Employment Options

Using Form I-129 for Extensions or Status Changes

Selecting an Employment-Based Nonimmigrant Category

Steps for H-1B/H-2A/H-2B Status (ETA 9035/ETA 9142 and I-129)

Beneficiary Actions Depending on Location and Status

Petition Steps for H-3, L-1, O, P-1, P-2, P-3, and Q-1

| Nonimmigrant-Based Employment | | --- | | Hiring a Foreign National for Short-Term Employment | |
OVERVIEW
Employers sometimes need to hire foreign labor when there is a shortage of available U.S. workers. To help satisfy their labor needs, employers may be able to assist foreign laborers to legally enter the U.S. temporarily. There are several employment-based nonimmigrant visa categories that permit a foreign worker to enter the U.S. and work temporarily for a specific employer or company. Under each category, the foreign national must meet specific requirements related to the occupation for which an employer is petitioning. | What information are you seeking? (Choose one below) Information about Temporary Employment of Nonimmigrant Workers and Extending or Changing a Worker’s Status Information about Intracompany Transferees (L-1 Nonimmigrants) Read Disclaimer Information about Temporary Employment of Nonimmigrant Workers and Extending or Changing a Worker’s Status Which of the following three subjects are you interested in? (Choose one below) • How to temporarily employ a foreign national who is living abroad or get information about a specific employment-based nonimmigrant visa category • How to temporarily employ a foreign national who is already in the U.S. in another nonimmigrant category • How to extend the stay of a temporary nonimmigrant worker Back to: Hiring a Foreign National | Information about Temporary Employment of Nonimmigrant Workers and Extending or Changing a Worker’s Status | | --- | | How to temporarily employ a foreign national who is living abroad or get information about a specific employment-based nonimmigrant visa category | |
OVERVIEW
An employer or agent, who wants to hire a foreign worker to temporarily perform services, perform labor, or receive training, may file a Form I-129 "Petition for Non-immigrant Worker," on behalf of the worker. Form I-129 is primarily used for non-immigrants. That is, the worker who enters the United States under this petition must depart from the U.S. when his authorized "period of stay" in the country has expired. Form I-129 may also be used to request an extension of the period of stay or to request a change of status for certain non-immigrants. | For more details on the process of temporarily employing a foreign national, you must first decide which employment-based nonimmigrant category most closely relates to the job you are offering to the foreign national employee. Note: Select the link above to see the various categories. Back to: Hiring a Foreign National Please select one of the following employment-based nonimmigrant categories: • E-3 Australian Specialty Occupation Workers • H-1B Nonimmigrant Workers in a Specialty Occupation • H-2A Temporary Agricultural Workers • H-2B Skilled or Unskilled Workers • H-3 Trainees or Special Education Exchange Visitors • L-1 Intra-Company Transferees • O-1 Aliens with Extraordinary Ability • P-1 Internationally Recognized Athletes, or an Athletic Team, Members of an Entertainment Group, and Certain Other Athletes and Entertainers • P-2 Artists or Entertainers in Exchange Agreement • P-3 Culturally Unique Artists or Entertainers • Q-1 International Cultural Exchange Visitors • R-1 Religious Workers • TN Professionals (NAFTA) Back to: Foreign National Living Abroad Hiring a Foreign National How does an employer help an employee get H-1B, H-2A, or H-2B status? There are generally three steps that lead to an individual obtaining an H-1B, H-2A, or H-2B nonimmigrant status or visa. The employer must take the first two steps and the employee takes the last step. The following outlines these steps: 1. For H-1Bs, employer files a Labor Condition Application (ETA 9035), or for H-2As and H-2Bs, an Application for Temporary Employment Certification (ETA 9142) with the U.S. Department of Labor based on their web-based system . Note: For s

FAQs

What is the purpose of Form I-129 in nonimmigrant-based employment?

Employers or agents file Form I-129, Petition for Non-immigrant Worker, to allow a foreign worker to enter the U.S. temporarily for services, labor, or training. It is used for employment petitions and may also request an extension or change of status for certain nonimmigrants.

How do employers help workers obtain H-1B, H-2A, or H-2B status?

The process generally has three steps: employers file an ETA Labor Condition Application (ETA 9035) for H-1B or an ETA 9142 Temporary Employment Certification for H-2A/H-2B; then the employer files the approved ETA with Form I-129 and Supplement H; finally, once approved, the beneficiary follows the location/status instructions in the table.

What should a beneficiary do if they are outside the U.S. versus in or out of status?

If the beneficiary is outside the U.S., they apply for a visa at a U.S. consulate. If they are inside the U.S. in a valid nonimmigrant status at the time the I-129 is filed, they can begin working for the petitioning employer. If they are inside the U.S. out of status, they must depart and apply for a visa at a consulate abroad.

Sep 16, 2026

Upload by Aurora