: (1) The employer may not employ any foreigner as a worker without obtaining a labor permit from the department.
(2) Notwithstanding anything written in sub-section (1), the employer may employ foreign workers subject to this clause if the skilled labor required by him cannot be supplied from Nepali citizens.
(3) Before appointing a foreign worker according to sub-section (2), the employer shall publish an advertisement in a national level daily newspaper to obtain the skilled labor he needs from Nepali citizens. Even after publishing the advertisement, if there is no application from Nepali citizens as prescribed or if Nepali citizens cannot be selected, the employer can submit an application to the department for a labor permit to employ foreign workers along with the proof. However, foreign nationals who come to work as technicians or experts in accordance with this Act on the matters mentioned in the investment agreement signed by various ministries, departments, investment boards of the Government of Nepal and associations, organizations or other official bodies wholly or partially owned by the Government of Nepal with the approval of the Government of Nepal or the relevant ministry In case, advertisement should not be published.
(4) In relation to the application received according to sub-section (3) and the evidence attached to it, the department may issue a labor permit to employ foreign skilled workers if it is found reasonable.
(5) Employers who employ foreign workers after obtaining a license in accordance with sub-section (4) shall make arrangements to gradually replace foreign workers by making Nepali citizens skilled.
(6) Duties and other arrangements related to labor permit shall be as prescribed.