Hiring Foreign Chefs for Your Restaurant: Finding the Right Candidate and Visa Path

By Natalie McQuilkin  Multicultural foods are a staple in the United States, but it hasn’t always been that way.  In Why Hunting Down ‘Authentic Ethnic Food’ Is A Loaded Proposition, Maria Godoy explains that xenophobia caused many white Americans to turn their noses up at “ethnic” foods for decades. In fact, from the 1880s to the 1920s, Godoy writes that “social workers and nutritionists cautioned that Italian food was too garlicky and spicy – which they said increased the craving for alcohol.” Godoy explains that in the 1880s, “rumors that Chinese immigrants used rat meat in their cooking were common.” Chinese cuisine was also looked down upon in the 1960s due to the use of MSG in certain dishes.  Nowadays it’s hard to imagine the U.S. without restaurants featuring foreign food. A January 2024 article from the Pew Research Center found that “85 [percent] of U.S. counties have at least one Mexican restaurant,” and nearly 30 percent of U.S. counties have Caribbean, Cuban, Latin American, Peruvian, Salvadoran, or Spanish restaurants. Asian food is also highly popular – nearly 75 percent of all U.S. counties have at least one Asian restaurant, according to another article from the Pew Research Center. In May 2023, they found as well that 39 percent of Asian restaurants serve Chinese food, followed by Japanese food (28 percent) and Thai food (11 percent).  Although thousands of restaurants featuring multicultural menus can be found from coast to coast in the United States, that doesn’t necessarily mean that every dish that’s served is authentic.  A Bloomberg article covering sociologist Stephen Christ’s study on the authenticity of foreign foods in the U.S. found that “in the Midwest… the predominantly white clientele had little exposure to traditional Mexican cuisine. Even when they did seek out new, ‘ethnic’ flavors, they were wary of dishes that seemed too exotic or spicy.” As a result, many Mexican restaurants “watered down recipes, substituted ingredients, and modified traditional cooking methods.” Having to modify traditional recipes can lead to scuffles between chefs and management, too, as “in many cases, cooks wanted to preserve the culinary traditions of their hometowns, while managers were willing to do whatever it took to woo diners.”  In recent years, though, there has been a shift towards boosting authenticity in restaurants with foreign menus.  More people are looking for “authentic ethnic food,” according to Godoy’s article. Godoy refers to Krishnendu Ray’s book, The Ethnic Restaurateur, to explain that “each new large wave of immigration has remade American cuisine for the better, making it ‘more creative and rich.’” Krishnendu believes we are experiencing “another culinary transformation, driven by the easing of immigration rules in 1965 that resulted in a large influx of immigration from Asia and Latin America.”  According to Nation’s Restaurant News, those aged 18 to 24 are more likely to seek out actual authentic cuisines, and they’re more likely to eat foods related to their own heritage. Nearly 60 percent of those aged 18 to 24 who responded to Nation’s Restaurant News’ consumer survey said they eat ethnic foods tied to their family’s ancestry or heritage. Additionally, “when asked if they would consider trying ethnic food as a special at their favorite restaurant, even it was different from the type of food normally offered there, 80 percent of respondents said they would.” 

What does a surge in desire for authentic foreign cuisine mean for restaurants?

With more people on the hunt for authentic flavors, restaurants are held to a higher standard in their recipes and menus. This can cause restaurant owners, especially those who are not familiar with ethnic cuisines, to scramble for talented chefs who can pull off authentic dishes   If you’re a restaurant owner or manager, the best way to bring these authentic flavors to your clientele is through hiring a foreign chef with experience in a specific ethnic cuisine.  Say, for example, you own a Thai restaurant. You hire a chef from Bangkok who can whip up panang curry and pad Thai dishes that your patrons know and love, but she also peppers in an authentic flair that other restaurants might not have. She introduces lesser-known dishes that aren’t commonly served in U.S.-based Thai restaurants, like kai yeow maa (a dish featuring a hard-boiled egg that has been preserved for a month or more for a unique flavor) and kung ten (a dish featuring live, tiny shrimp tossed in a chili fish sauce). While these unique dishes might be new to some of your patrons, you’re certain to attract Thai customers who have missed these authentic dishes. Eventually your regular clientele will learn to love your food as well, especially if they know it cannot be found anywhere else within your market.   Or perhaps you own a Mexican restaurant that boasts a menu featuring many favorites: chimichangas, enchiladas, fajitas, and arroz con pollo. One of your chefs is from Michoacán and adds some new menu items from home, like sopa tarasca, a belly-warming bean soup made with chicken broth, tomatoes, and chiles, and corundas – a pyramid-shaped dish made with masa flour and wrapped with green corn stalk leaves. With a menu that ventures beyond standard Tex-Mex fare, your customers will know they’re getting the real deal.   Hiring a foreign chef is a great way to cultivate an authentic menu that patrons crave while also bringing more diversity and creativity to your menu, staff, and restaurant.   That leads us to the burning question: How do I hire a foreign chef for my restaurant?  

What Visas Accommodate Foreign Chefs? 

The process of hiring an employee from overseas has many more hurdles than hiring an employee located in the United States. However, it’s important to remind yourself of all the benefits you and your business will reap by hiring a talented chef. The chef will bring authenticity to the table and be a unique asset in diversifying your restaurant’s menu.  The first step in hiring a foreign chef is familiarizing yourself with all the visas foreign chefs can obtain. That way, once you land a promising candidate, you can determine which pathway would be the best for the chef and your business.  In this post, we’ll touch on the EB-1 pathway, O-1B visa, H-1B visa, L-1 visa, and E-2 visa and how they accommodate foreign chefs. 

The EB-1 Pathway (Green Card) 

The EB-1 is designed for foreign nationals with extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Being a chef is an artistic occupation, so this is a great option for a chef who has been nationally or internationally  recognized for his or her skill and performance.   U.S. Citizenship and Immigration Services (USCIS) requires that the foreign national meet just three of 10 listed criteria, but we’ve limited this list to the criteria that can be applicable to chefs: 

• Evidence that they have received a nationally or internationally recognized prize or award 
• Evidence of membership in an association that requires members to have outstanding achievement 
• Evidence of published material about the foreign national in professional or major trade publications or other media 
• Evidence that the foreign national has been asked to judge the work of others, individually or on a panel 
• Evidence of the foreign national’s artistic or business-related contributions or major significance to the field 
• Evidence that the foreign national has written scholarly articles for professional or major trade publications or other major media 
• Evidence that the foreign national commands a higher salary than those in similar positions due to their extraordinary ability 

A huge benefit of this visa is that the foreign national can petition themselves through the I-140 (Immigrant Petition for Alien Worker). This means, as a restaurant owner, you don’t have to go through the trouble of petitioning the foreign national and paying for filing fees.   As of March 2024, USCIS reports it’s taking the Nebraska Service Center 17 months to process the I-140, while the Texas Service Center is processing it in 20 months. However, there is an option for premium processing, which allows the foreign national to pay an additional fee to have their I-140 reviewed within 15 business days.  Once the EB-1 is approved, the foreign national can apply for a green card, which sets him or her on the path to obtaining citizenship in the U.S. Having a green card creates a sense of permanency, as other visas expire in a couple of years. By hiring a chef who has an EB-1, you can rest assured that he or she will be able to stick around at your restaurant for years to come. 

The O-1B Visa 

The O-1 visa is reserved for extraordinary ability in the arts, along with education, business, sciences, or athletics. The O-1B visa, which falls under the umbrella of the O-1 visa, specifically accommodates those with extraordinary ability in the arts. USCIS explains that to qualify for the O-1B visa, the foreign national must have distinction, or “a high level of achievement in the field of arts.” This means the foreign national must be “prominent, renowned, leading, or well-known in the field of arts.”   Like the EB-1, the foreign national must provide evidence that he or she has extraordinary ability or achievement. According to USCIS, the foreign national must meet three of the following criteria: 

• Evidence that he or she has performed or will perform as a lead or starring participant in production or events that have a distinguished reputation 
• Evidence that he or she has achieved national or international recognition through reviews or published articles in magazines, trade journals, or other publications 
• Evidence that he or she has performed or will perform in a main role for a distinguished organization or establishment 
• Evidence that he or she has recognition about his or her achievements from organizations, critics, government agencies, or other entities 
• Evidence that he or she commands a higher salary than those in similar positions due to their extraordinary ability 

Unlike the EB-1 visa, the O-1B visa requires you to petition the foreign national. You’ll have to file Form I-129 (Petition for Nonimmigrant Worker), which has a $460 filing fee, along with additional evidence, including a contract between you and the foreign national and evidence that the foreign national is eligible for the O-1B. Although there can be some stress on your end by petitioning a foreign national, this process takes a lot of stress off them. It also shows the foreign chef that you’re willing to help them start their careers in the United States, which establishes trust and gets them excited for their career at your business.  According to USCIS, it’s currently taking 2.5 months for the California Service Center to process  Form I-129 and five weeks for the Vermont Service Center to process it.  Once the O-1B is approved, the foreign national can stay in the U.S. for up to three years, and you can apply for a one-year extension for them, too.  In our post on visas for the restaurant industry, we highlighted a real-world example of a foreign chef who received the O-1B visa. A Miami-based restaurant called Sexy Fish wanted to hire Swedish chef Bjorn Weissgarber, who is the director of Sexy Fish’s London location, to work at the Miami location when it opened in February 2022. Sexy Fish petitioned Weissgarber for the O-1B visa, which he received.  

The H-1B Visa 

For those with “specialized occupations,” the H-1B visa requires a bachelor’s degree or higher in a field of specialty, USCIS states that it also accommodates those who have licensing/certification that authorizes them to practice a specialty occupation. The H-1B visa could be perfect for a chef who has a master’s degree in culinary arts and has worked at upscale restaurants in his home country, if a high-end restaurant in the U.S. wants to hire him to oversee kitchen operations.   Like the O-1B, this visa requires you to petition the foreign national. You’ll have to apply for and receive a Department of Labor (DOL) certification of a Labor Condition Application and file Form I-129. Once the Form I-129 is approved, the foreign national can apply with the U.S. Department of State at a U.S. embassy or consulate. It’s important to note that there is an annual cap of 65,000 H-1B visas made available each year, with an additional 20,000 available for those with master’s degrees or higher from a U.S. institution.  The H-1B visa permits a foreign chef to stay in the U.S. for at up to six years. This visa is a dual-intent visa, which means that visa holders can eventually apply for a green card, if they desire.  

The L-1 Visa 

Great for restaurant managers who work within an international chain, the L-1A Intracompany Transferee Executive or Manager visa allows a U.S. employer to transfer an executive or manager from one of its foreign locations to the United States. It also accommodates those who want to send an executive or manager to establish a new business in the U.S.   The L-1A visa requires the employer to have a “qualifying relationship” with a foreign company, whether it’s a parent company, affiliate, or branch, and that the employer will be “doing business as an employer in the United States” and in at least one other country directly or through a qualifying organization.   As USCIS stipulates on its website, the foreign national must work in an executive or managerial capacity in the U.S., meaning that he or she will either 1. be able to make decisions without much oversight, or 2. supervise and control the work of professional employees and manage the organization, department, subdivision, function or component of the organization without direct supervision of others.  The L-1A could apply to a foreign chef who has overseen kitchen operations at a sister company of a U.S.-based restaurant. He or she could apply for the L-1A visa to take on an executive or managerial role in a U.S.-based restaurant. As with the previously mentioned visas, you’ll have to file Form I-129 on behalf of the foreign chef. Form I-129 is being processed in just one to two months, as of March 2024.  Once the visa is approved, the foreign national can stay in the U.S. for up to seven years.  

The E-2 Visa  

Finally, the E-2 treaty investor visa is reserved for foreign nationals who have invested a “substantial amount of capital” into a U.S.-based business. This means the investor has put a lot of money into purchasing an existing establishment or establishing a new business. It also means that the treaty investor will “successfully develop and direct the enterprise,” according to USCIS. The qualifications for this visa are the following: 

• The investor must be a foreign national of a country with which the U.S. maintains a treaty of commerce and navigation. (You can find the full list of treaty countries here.) 
• The foreign national must invest money into a U.S. business. He or she can also have invested money into the business in the past. 
• The foreign national must be seeking to enter the U.S. to “develop and direct the investment enterprise.” This requires the foreign national to own at least 50 percent of the company or take on a managerial position. 

The E-2 visa could apply to a foreign chef who has contributed half of the money required to establish a new restaurant in the United States. For instance, you own a Korean restaurant, and your brother, an accomplished chef who lives in Seoul, wants to help you open a second location and work there. He has contributed half the money required to help you open the new restaurant and plans to work in a manager position while also overseeing the kitchen and menu.   Once the E-2 visa is approved, the foreign national can stay for two years. The foreign national can extend his or her stay for two years at a time, but there isn’t a limit to the number of times an extension can be granted. The foreign national must prove, however, that they eventually plan to return to his or her home country.  The E-2 visa is a self-petition visa, meaning the foreign national will file Form I-129. As of March 2024, the California Service Center is processing Form I-129 for E-2 visas in just two months. 

Finding the Right Chef for Your Restaurant 

Once you’ve learned more about the visa options for foreign chefs, you can determine which visa type would work best for your restaurant. Some restaurateurs interested in adding a foreign chef might have their sights set on a chef they know from their hometown overseas, or they might know of a renowned chef overseas who they’re interested in hiring.   Some restaurant owners, however, don’t have direct connections to foreign chefs, but that doesn’t mean all hope is lost. The internet provides ample opportunity for employers to hire chefs from all over the world. You can use an international recruiting agency to find the right fit for your business, or you can post about the open position on a job board or on your restaurant’s social media.   Of course, you’ll want to hire a chef with extensive experience with a certain type of cuisine, but there are other things you’ll want to consider, too. Just like with any other employee, you’ll want to make sure the chef you hire works well under pressure, can get along with other employees, is dedicated to his or her work, and has an eye for detail.  

Should I work with an immigration attorney?

If you’ve found a foreign chef who checks off all the boxes for your hiring requirements, it’s a good idea to work with a business immigration attorney, especially if you’ll have to petition for the foreign national. Filing the required forms and evidence can be a complicated, time-consuming process. A trusted business immigration attorney will let you know about your options in hiring a foreign chef, lead you through the process of petitioning a foreign national, and keep you updated on the process. If a foreign national is self-petitioning, he or she can also work with a business immigration attorney to ensure all the right steps are taken.  You can contact Eagan Immigration’s office at (202) 709-6439 or click this link to begin your case evaluation.

References:

Maria Godoy, Why Hunting Down ‘Authentic Ethnic Food’ Is A Loaded Proposition’ NPR: The Salt, Apr. 9, 2016, Why Hunting Down ‘Authentic Ethnic Food’ Is A Loaded Proposition : The Salt : NPR.  Bret Thorn, Survey: Italian remains most popular ethnic cuisine, Nation’s Restaurant News, Aug. 28, 2015, Survey: Italian remains most popular ethnic cuisine among all age groups | Nation’s Restaurant News (nrn.com).  Regina Widjaya and Sono Shah, About 1 in 10 restaurants in the U.S. serve Mexican food, Pew Research Center, Jan. 11, 2024, About 1 in 10 restaurants in the U.S. serve Mexican food | Pew Research Center.  Sono Shah and Regina Widjaya, 71% of Asian restaurants in the U.S. serve Chinese, Japanese or Thai food, Pew Research Center, Most Asian restaurants serve Chinese, Japanese or Thai food in the US | Pew Research Center.  Vicky Gan, What Makes a Restaurant ‘Authentic’? Bloomberg, Sept. 14, 2015, A New Study Reveals That Customers’ Preconceptions Dictate a Restaurant’s ‘Authenticity’ – Bloomberg.  Bret Thorn, Report: Consumer interest in ethnic cuisines grows, Nation’s Restaurant News, Aug. 26, 2015, Report: Consumer interest in ethnic cuisines grows (nrn.com)  Employment-Based Immigration: First Preference EB-1, USCIS, last updated: Mar. 1, 2022, Employment-Based Immigration: First Preference EB-1 | USCIS, (last visited: Mar. 11, 2024).   Processing Times, USCIS, Processing Times (uscis.gov), (last visited: Mar. 11, 2024).   O-1 Visa: Individuals with Extraordinary Ability or Achievement, USCIS, last updated: Mar. 3, 2023, O-1 Visa: Individuals with Extraordinary Ability or Achievement | USCIS. (last visited: Mar. 11, 2024).  H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models, USCIS, last updated: Mar 1, 2024, H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models | USCIS, (last visited: Mar. 11, 2024).  L-1A Intracompany Transferee Executive or Manager, USCIS, last updated: May 4, 2021, L-1A Intracompany Transferee Executive or Manager | USCIS, (last visited: Mar. 11, 2024).  E-2 Treaty Investors, USCIS, last updated: May 4, 2022,  E-2 Treaty Investors | USCIS, (last visited: Mar. 11, 2024).