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, María Godoy explains that xenophobia caused many white Americans to reject “ethnic” foods for decades. In fact, from the 1880s to the 1920s, Godoy writes that “social workers and nutritionists warned that Italian food was too spicy and garlicky, which they claimed increased the desire for alcohol.” Godoy explains that in the 1880s, “rumors that Chinese immigrants used rat meat in their cooking were common.” Chinese cuisine was also disparaged in the 1960s due to the use of monosodium glutamate in certain dishes.
Today it is hard to imagine the United States without restaurants offering 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 very popular: nearly 75 percent of all U.S. counties have at least one Asian restaurant, according to another Pew Research Center article. In May 2023, they also found that 39 percent of Asian restaurants serve Chinese food, followed by Japanese food (28 percent) and Thai food (11 percent).
Although thousands of restaurants with multicultural menus can be found from coast to coast in the United States, that does not necessarily mean that all the dishes served are authentic.
A Bloomberg article covering sociologist Stephen Christ’s study on the authenticity of foreign food in the U.S. found that “in the Midwest… the predominantly white clientele had little exposure to traditional Mexican cuisine.
Even when looking for new ‘ethnic’ flavors, they distrusted dishes that seemed too exotic or spicy. As a result, many Mexican restaurants ”diluted recipes, substituted ingredients, and modified traditional cooking methods.“ Having to modify traditional recipes can also lead to fights between chefs and management, since ”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, however, there has been a shift toward increasing authenticity in restaurants with foreign menus.
Increasingly 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 great wave of immigration has remade American cuisine for the better, making it ‘more creative and richer.'” Krishnendu believes we are experiencing “another culinary transformation, driven by the relaxation of immigration rules in 1965 that resulted in a large influx of immigration from Asia and Latin America.”.
According to Nation’s Restaurant News, 18-to-24-year-olds are more likely to seek out authentic cuisines and are more likely to eat foods related to their own heritage. Nearly 60 percent of 18-to-24-year-olds who responded to the Nation’s Restaurant News consumer survey said they eat ethnic foods linked 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 if it was different from the type of food normally offered there, 80 percent of respondents said they would.”.
What does the increase in the desire for authentic foreign cuisine mean for restaurants?
With more people searching for authentic flavors, restaurants have a higher standard for their recipes and menus. This can cause restaurant owners, especially those who are unfamiliar with ethnic cuisines, to look for talented chefs who can craft authentic dishes.
If you are a restaurant owner or manager, the best way to bring these authentic flavors to your clientele is by 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 make the panang curry and pad thai that your customers know and love, but also brings an authentic touch that other restaurants might not have. You introduce lesser-known dishes that aren't commonly served in U.S.-based Thai restaurants, such as 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 baby shrimp tossed in a chili fish sauce). While these unique dishes may be new to some of your customers, you are sure to attract Thai patrons who have been missing these authentic dishes. Over time, 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 with a menu featuring many favorites: chimichangas, enchiladas, fajitas, and arroz con pollo. One of your chefs is from Michoacán and adds some new hometown menu items, such as sopa tarasca, a stomach-warming bean soup made with chicken broth, tomatoes, and chiles, and corundas, a pyramid-shaped dish made with masa flour and wrapped in green cornstalk leaves. With a menu that goes beyond standard Tex-Mex fare, your customers will know they are getting the real deal.
Hiring a foreign chef is an excellent way to cultivate an authentic menu that customers crave while bringing more diversity and creativity to your menu, staff, and restaurant.
That brings us to the burning question: How do I hire a foreign chef for my restaurant?
What types of visas are suitable for foreign chefs?
The process of hiring an employee from abroad has many more obstacles than hiring an employee located in the United States. However, it is important to remember all the benefits that you and your business will gain by hiring a talented chef. The chef will bring authenticity to the table and will be a unique asset in diversifying your restaurant's menu.
The first step to hiring a foreign chef is to familiarize yourself with all the visas that foreign chefs can obtain. That way, once you secure a promising candidate, you can determine which path would be best for the chef and your business.
In this publication, we will discuss the EB-1 pathway, the O-1B visa, the H-1B visa, the L-1 visa, and the E-2 visa, and how they apply to 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 an excellent option for a chef who has been recognized nationally or internationally for their skill and performance.
U.S. Citizenship and Immigration Services (USCIS) requires the foreign national to meet only three of the 10 listed criteria, but we have limited this list to the criteria that can apply to chefs:
- Evidence of having received a nationally or internationally recognized prize or award
- Proof of membership in an association that requires members to have outstanding achievements
- Evidence of published material about the foreign national in major professional or trade publications or other media
- Evidence that the alien has been asked to judge the work of others, either individually or on a panel
- Evidence of the alien's artistic or business-related contributions or their major significance in the field
- Evidence that the alien has authored scholarly articles in professional or major trade publications or other major media
- Evidence that the foreign national earns a higher salary than those in similar positions due to his or her extraordinary ability
A major benefit of this visa is that the foreign national can self-petition through the I-140 (Immigrant Petition for Alien Worker). This means that, as a restaurant owner, you do not have to go through the trouble of filing a petition for the foreign national and paying the filing fees. As of March 2024, USCIS reports that the Nebraska Service Center is taking 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, putting them on the path to U.S. citizenship. Having a green card creates a sense of permanence, since other visas expire in a couple of years. By hiring a chef who has an EB-1, you can be sure that he or she will be able to stay 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 O-1 visa umbrella, is specifically tailored for those with extraordinary ability in the arts. USCIS explains that to qualify for the O-1B visa, the foreign national must possess distinction, or “a high level of achievement in the field of arts.” This means that 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 leading or starring participant in productions or events which have a distinguished reputation.
- Evidence of having achieved national or international recognition through reviews or articles published in journals, trade publications, or other media.
- Evidence that he or she has performed, or will perform, in a leading or critical role for an organization or establishment of distinguished reputation.
- Evidence that he or she has recognition for achievements from organizations, critics, government agencies, or other entities.
- Evidence that he or she has a higher salary than those in similar positions due to extraordinary ability.
Unlike the EB-1 visa, the O-1B visa requires you to file a petition on behalf of the foreign national. You will need to file Form I-129 (Petition for a Nonimmigrant Worker), which has a filing fee of $460, 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 filing a petition on behalf of a foreign national may be somewhat stressful for you, this process takes a lot of the stress off their shoulders.
It also shows the foreign chef that you are willing to help them start their career in the United States, which builds trust and gets them excited about their career in your business. According to USCIS, the California Service Center currently takes 2.5 months to process Form I-129, and it takes five weeks for the Vermont Service Center to process it.
Once the O-1B is approved, the foreign national can remain in the U.S. for up to three years, and can also apply for a one-year extension for themselves. 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 for Weissgarber for the O-1B visa, which he received.
The H-1B Visa
For those with “specialty occupations,” the H-1B visa requires a bachelor's degree or higher in a specialty field; USCIS states that it also accommodates those who hold a license/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 in fine dining restaurants in their home country, if a high-end restaurant in the US wants to hire them to oversee kitchen operations.
Just like the O-1B, this visa requires you to file a petition for the foreign national. You will need to apply for and receive a Labor Condition Application certification from the Department of Labor (DOL) and file Form I-129. Once Form I-129 is approved, the foreign national can apply to the U.S. Department of State at a U.S. embassy or consulate. It is important to note that there is an annual cap of 65,000 H-1B visas 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 allows a foreign chef to stay in the US for 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 wish.
The L-1 Visa
Ideal for restaurant managers working within an international chain, the L-1A visa for intracompany transferee executives or managers allows a US employer to transfer an executive or manager from one of its overseas locations to the United States. It also suits those wishing to send an executive or manager to establish a new business in the US.
The L-1A visa requires that the employer have a “qualifying relationship” with a foreign company—whether a parent company, affiliate, or branch—and that the employer “conduct business as an employer in the United States” and in at least one other country, either directly or through a qualifying organization. As USCIS states on its website, the foreign national must work in an executive or managerial capacity in the U.S., which means that he or she must 1. be able to make decisions without much supervision, or 2. supervise and direct the work of professional employees and manage the organization, department, subdivision, function, or component of the organization without direct supervision from others.
The L-1A visa could apply to a foreign chef who has supervised 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 at a U.S.-based restaurant. As with the visas mentioned above, you will need to file Form I-129 on behalf of the foreign chef. Form I-129 will be processed in just one or two months, starting in March 2024.
Once the visa is approved, the foreign national may remain in the U.S. for up to seven years.
The E-2 Visa
Finally, the E-2 treaty investor visa is reserved for foreign citizens who have invested a “substantial amount of capital” in a U.S.-based business. This means that the investor has invested a significant amount of money in 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 requirements to obtain this visa are as follows:
- The investor must be a foreign national from a country with which the United States has a treaty of commerce and navigation. (You can find the complete list of treaty countries here.)
- The foreign national must invest money in a U.S. business. He or she may also have invested money in 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 that the foreign national own at least 50 percent of the enterprise or assume a managerial position.
The E-2 visa could apply to a foreign chef who has contributed half of the funds required to open a new restaurant in the United States. For example, you own a Korean restaurant, and your brother—an accomplished chef living in Seoul—wants to help you open a second location and work there. He has contributed half of the funds needed to help you open the new restaurant and plans to work as a manager while overseeing the kitchen and the menu.
Once the E-2 visa is approved, the foreign national can remain for two years. The foreign national may extend their stay for two years at a time, but there is no limit to the number of times an extension can be granted. However, the foreign national must demonstrate that they eventually plan to return to their home country.
The E-2 visa is a self-petitioning visa, which means that 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.
Find the right chef for your restaurant
Once you have learned more about visa options for foreign chefs, you can determine which type of visa would work best for your restaurant. Some restaurateurs interested in adding a foreign chef may have their sights set on a chef they know from their hometown abroad, or they may know of a renowned chef abroad whom they are interested in hiring.
However, some restaurant owners don’t have direct connections with foreign chefs, but that doesn’t mean all hope is lost. The Internet offers a wide range of opportunities for employers to hire chefs from around the world. You can use an international recruitment agency to find the chef who best suits your business, or you can post the job opening on a job board or on your restaurant’s social media accounts.
Of course, you'll want to hire a chef with extensive experience in a particular type of cuisine, but there are other things you'll want to consider as well. Just as with any other employee, you’ll want to make sure the chef you hire works well under pressure, gets along with other employees, is dedicated to their work, and has a keen eye for detail.
Should I work with an immigration lawyer?
If you have found a foreign chef who meets all the hiring requirements, it’s a good idea to work with a business immigration attorney, especially if you’ll need to file a petition for the foreign national. Submitting the required forms and supporting documentation can be a complicated and time-consuming process. A trusted business immigration attorney will inform you of your options for hiring a foreign chef, guide you through the process of filing a petition for the foreign national, and keep you updated on the process. If a foreign national is applying on their own, they can also work with a business immigration attorney to ensure that all the necessary steps are taken.
Eagan Immigration's lead business attorney, Hannah Whaley, is available to help you hire a foreign chef so you can diversify your menu, maximize your restaurant's profits, and help you achieve your dreams.
References:
María Godoy, ‘Why the Quest for ’Authentic Ethnic Food’ Is a Problematic Concept,‘ NPR: The Salt, April 9, 2016, ’Why the Quest for ‘Authentic Ethnic Food’ Is a Problematic Concept”: The Salt : NPR.
Bret Thorn, Survey: Italian Ethnic Cuisine Remains the Most Popular, Nation’s Restaurant News, August 28, 2015, Survey: Italian Ethnic Cuisine Remains the Most Popular 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, January 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 in the U.S. Serve Chinese, Japanese, or Thai Food” | Pew Research Center. Vicky Gan, What Makes a Restaurant “Authentic”? Bloomberg, September 14, 2015, A new study reveals that customers’ preconceived notions dictate a restaurant’s “authenticity” – Bloomberg.
Bret Thorn, Report: Consumer interest in ethnic cuisines grows, Nation’s Restaurant News, August 26, 2015, Report: Consumer interest in ethnic cuisines grows (nrn.com)
Employment-Based Immigration: EB-1 First Preference, USCIS, last updated: March 1, 2022, Employment-Based Immigration: EB-1 First Preference | USCIS, (last accessed: March 11, 2024). Processing Times, USCIS, Processing Times (uscis.gov), (last accessed: March 11, 2024).
O-1 Visa: Individuals with Extraordinary Ability or Achievements, USCIS, last updated: March 3, 2023, O-1 Visa: Individuals with Extraordinary Ability or Achievements | USCIS. (last accessed: March 11, 2024).
H-1B Specialized Occupations, Department of Defense Cooperative Research and Development Project Workers, and Fashion Models, USCIS, last updated: March 1, 2024,
H-1B Specialized Occupations, Department of Defense Cooperative Research and Development Project Workers, and Fashion Models | USCIS, (last accessed: March 11, 2024). L-1A
Intracompany Transferee (Executive or Manager), USCIS, last updated: May 4, 2021, L-1A
Intracompany Transferee Executive or Manager | USCIS (last accessed: March 11, 2024). E-2
Treaty Investors, USCIS, last updated: May 4, 2022, E-2 Treaty Investors | USCIS, (last visited: March 11, 2024).