by Natalie McQuilkin With an annual economic impact of $759 billion, the hotel industry is a major driver of the U.S. economy.[1] This industry encompasses a vast number of businesses, ranging from hotels and resorts to nightclubs and theme parks. One characteristic that differentiates this industry from others is its reliance on foreign-born workers.

A 2022 study titled “Migrant Mobility and Value Creation in the Hospitality Workforce” explains that “much of the international hospitality sector depends on immigrant workers, partly to fill gaps where domestic [labor] supply cannot meet demand, but also because migrants are seen to add value through their flexibility, cost, and work ethic.”.[2] In 2018, foreign-born workers made up 19.5 percent of the hospitality workforce, according to New American Economy. These percentages were even higher in some states:

• In Nevada, foreign-born workers made up 37.3 percent of the hospitality workforce.
• Immigrants held 36.5 percent of the jobs in California's hospitality industry workforce.
• Foreign-born workers make up about 34 percent of Hawaii's hotel workforce.[3]

Due to the wide range of jobs offered by the leisure and hospitality sector, many migrants with different professional backgrounds can find the right one for them in hotels, resorts, casinos, restaurants, bars, and much more. An important way employers can fill these available job opportunities is through  work visas. Visas not only help fill temporary positions, but they also attract foreign nationals by offering them the opportunity to gain work experience and a higher salary that may not be available in their home country. These visas are so important to the industry that 33 percent of businesses “would close or reduce operations if they could not hire workers through temporary visa programs,” according to New American Economy. In this post, we will delve into the details of the visas that are ideal for the hospitality industry.

The H-1B Visa

The H-1B visa is an excellent option for employers interested in petitioning foreign nationals to perform work that requires a set of unique and focused skills. This visa is suited for foreign nationals with a specialized set of skills, a bachelor's degree, and other qualifications, such as a certification, license, or postgraduate degree. However, it is important to note that there are specific requirements for the foreign national and the occupation to fit into the H-1B category. According to U.S. Citizenship and Immigration Services (USCIS), the offered occupation must be considered a “specialty occupation,” which means it must meet the following stipulations:

• The job requires a bachelor's degree, at a minimum; and
• The occupation is “so complex or unique that it can only be performed by an individual with a degree.”. [4]

If foreign citizens do not meet the bachelor's degree requirement, it is also acceptable for them to have an unrestricted state license, registration, or certification that allows them to practice the specialty occupation, according to USCIS. In the hospitality sector, this can be applied to the management of a hotel, restaurant, nightclub, or resort events. It can also be applied to working as a sous chef or pastry chef.. Some of the main companies that applied for the H-1B visa in July 2023 were Marriott International, Inc.; Hilton; Choice Hotels International; Hyatt Corporation; Six Continents Hotels, Inc.; and Wyndham Vacation Ownership, Inc.[5] When petitioning for a foreign national, employers must provide a Labor Condition Application, which states that they will pay the H-1B worker a fair salary, and that the hiring of foreign nationals will not affect the wages or working conditions of U.S. workers in the same jobs. Foreign nationals can stay for at least three years on this visa and, if necessary, the period of stay can even be extended to six years. [6] The long period of stay allows employers to retain vital workers and provide stable employment for the foreign national. In addition, the spouse and unmarried children under 21 years of age of the foreign national may be admitted to the U.S. with H-4 visas while the foreign national works in the U.S.

The H-2A Visa

The H-2A visa, which is aimed at temporary agricultural workers, can also be linked to the hospitality industry because the hospitality industry encompasses the restaurant industry. Restaurants, resorts, hotels, cruise ships, and any other event spaces are bolstered by the agricultural industry because they depend on it to serve fresh and appetizing meals. Furthermore, local agriculture can attract “culinary tourists,” according to the Hospitality Institute. The Institute explains that “produce is a fundamental part of the demand side of the value chain. It can influence the eating habits of both locals and visitors and create markets for local products, while promoting our local cuisine and attracting a new type of tourist: food lovers.”.[7] Ensuring that there are enough people working in the agricultural sector guarantees that the hotel industry can also stay afloat. The H-2A visa provides a way for businesses to address labor shortages during specific agricultural seasons. This visa requires employers to offer seasonal or temporary work, demonstrate that there are not enough U.S. workers to fill the available positions, and provide evidence that H-2A workers will not adversely affect the wages of U.S. workers in similar roles. As of June 30, 2023, the National Corn Growers Association had applied for more than 10,000 H-2A visas, followed by Fresh Harvest, Inc. with more than 7,000 visas and Zirkle Fruit Company with more than 4,000 visas.[8] Petitioners must submit a temporary labor certification from the Department of Labor, and this certification generally determines the foreign national's period of stay, which reaches a maximum of three years. Those who receive an H-2A visa may bring their spouse or unmarried children under 21 years of age to the U.S. under the H-4 nonimmigrant classification. [9]

The H-2B Visa

Designed to accommodate companies that need to fill jobs with minimal experience, the H-2B visa is an excellent option for hotels, resorts, amusement parks, casinos, and restaurants where staffing needs vary throughout the year. Companies must belong to one of the following categories to apply for the H-2B visa for a foreign citizen:

• Seasonal need: The employer requires additional employees during predictable, recurring, and high-traffic seasons to accommodate the expected influx of guests. However, this is not necessarily limited to the four seasons of the year. It can also refer to “‘events’ tied to a season, such as the holiday shopping season,” according to the Department of Labor. [10] For example, the employer may hire additional temporary employees to run the cash register at the resort gift shops during the holiday season.
• Maximum load requirement: The employer needs to hire additional employees to assist their staff for a short time or a season. The employer must also demonstrate that there is permanent staff employed throughout the year and that the temporary employees will not become part of the regular operation. An example is hiring additional employees during the winter to rent ski equipment to customers.
• Intermittent need: The employer occasionally needs to hire temporary employees for a short period of time, but the employer has not used permanent full-time staff for these tasks in the past. This could include hiring temporary workers to set up a venue for a large convention held at a resort or hotel.
• One-time event: An event requires the employer to hire additional temporary employees for a short period of time. This could include hiring temporary waiters during a major event commemorating 100 years of operation of a resort.

Just like all other H-type visas we have discussed in this publication, the employer must submit the required documentation to demonstrate how hiring foreign citizens will not affect the wages or working conditions of U.S. workers. The labor certification submitted will determine how long the foreign national can work in the job, but the maximum period of stay is three years. In total, 66,000 H-2B visas are available each year, with 33,000 H-2B visa workers starting work during the first half of the fiscal year (October 1 – March 31), and the other 33,000 H-2B visa workers starting their jobs during the second half of the fiscal year (April 1 – September 30). [11] Spouses and unmarried children under the age of 21 can come to the US with H-4 status while the H-1B worker is employed in the US. Because this visa does not require specific experience, it is an excellent option for hiring  dishwashers, housekeepers, receptionists, waitstaff, janitors, customer service representatives, lifeguards, and more. USCIS reports that some of the major hotel companies that applied for H-2B visas in June 2023 included Kiawah Inn, Yellowstone Club, Mackinaw Seasonal Resorts, The Broadmoor Hotel, Inc., The Hyatt Corporation, The Breakers Palm Beach, Inc., and Killington/Pico Ski Resort. [12]

The O-1 Visa

Employers or “U.S. agents,” those acting on behalf of the employer, may petition for those with extraordinary ability in the sciences, education, business, athletics, or the arts with the O-1 visa. This visa requires the foreign national to “demonstrate extraordinary ability by sustained national or international acclaim... and must be coming temporarily to the United States to continue work in the area of extraordinary ability,” according to USCIS. [13] When it comes to the hospitality industry, the O-1 visa can be used to hire a renowned chef in a luxury restaurant or an internationally acclaimed food scientist to improve the packaging techniques of food commonly sold in amusement parks. The foreign national must be able to demonstrate that he or she is at the top of the field. USCIS requires the petitioner to provide supporting documentation or comparable evidence to solidify the foreign national's background and success in the respective field. The complete list of what can be considered supporting documentation or comparable evidence can be found here. The O-1 visa allows the beneficiary to remain in the US for up to three years, but this time period can be extended if the reason for the extension is approved.

The L-1A Visa

The L-1A visa allows companies to transfer executives or managers from their foreign offices to one of their US offices, or even establish a new office in the United States. This visa is advantageous for the hospitality sector in several ways.  Ensure that employers use skilled and knowledgeable workers who have experience in their own business to manage existing or new hotel, resort, casino, or restaurant branches in the United States. Hiring foreign citizens who are well-acquainted with the company's existing policies, practices, and business models eliminates the costly and time-consuming process of finding someone who is the right fit for an executive or managerial position. In addition, executive and managerial positions include a variety of roles, ranging from the chief marketing officer to the vice president of sales, which broadens the types of positions that can be utilized with the L-1A visa. To apply for this visa for a foreign citizen, the U.S.-based employer “must be related to the original business of employment (as a branch, subsidiary, etc.) and operate or plan to operate in the United States while continuing to operate in at least one other country for the duration of the visa.” Foreign citizens may qualify for this visa if they have been working for the company for at least one year and if they will work in an executive or managerial position in the United States. Although the initial period of stay is one year, it can be extended to seven years. Furthermore, the spouse and unmarried children under 21 years of age of the foreign citizen may be admitted to the U.S. on the L-2 visa.[14]

 

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[1] American Hotel & Lodging Association, AHLA Dashboard (morningconsultintelligence.com), (last accessed November 6, 2023). [2] Peter Lugosi and Ann Ndiuini, Migrant mobility and value creation in hospitality work, ANNALS OF TOURISM, vol. 95, July 2022, Migrant mobility and value creation in hospitality work – ScienceDirect. [3] Hospitality and Tourism, New American Economy, Industry of Hospitality and Tourism – New American Economy, (last accessed November 6, 2023). [4] H-1B Specialty Occupations, Department of Defense Cooperative Research and Development Projects Workers, and Fashion Models, U.S. Citizenship and Immigration Services, September 15, 2023, H-1B Specialty Occupations, Department of Defense Cooperative Research and Development Project Workers, and Fashion Models USCIS, (last visited November 16, 2023). [5]H-1B Employer Data Hub, U.S. Citizenship and Immigration Services, July 24, 2023,  H-1B Employer Data Hub USCIS, (last visited November 8, 2023). [6] H-1B Specialty Occupations, Department of Defense Cooperative Research and Development Projects Workers, and Fashion Models, U.S. Citizenship and Immigration Services, September 15, 2023, H-1B Specialty Occupations, Department of Defense Cooperative Research and Development Project Workers, and Fashion Models USCIS, (last visited November 8, 2023). [7] The role of agriculture in the hotel industry, Hospitality Institute, February 27, 2018, The role of agriculture in the hotel industry – Hospitality Institute. [8]H-2A Employer Data Hub, U.S. Citizenship and Immigration Services, November 16, 2023, Data Hub of H-2A Employers | USCIS, (last visited November 16, 2023). [9] H-2A Temporary Agricultural Workers, U.S. Citizenship and Immigration Services, November 8, 2023, H-2A Temporary Agricultural Workers USCIS (last visited November 16, 2023). [10] What employers in New York State need to know: H-2B program process and guidance, U.S. Department of Labor, Presentation of PowerPoint (ny.gov). [11] H-2B Temporary Non-Agricultural Workers, U.S. Citizenship and Immigration Services, April 10, 2023, H-2B Temporary Non-Agricultural Workers | USCIS, (last accessed November 6, 2023). [12] H-2B Employer Data Hub, U.S. Citizenship and Immigration Services, June 30, 2023, H-2B Employer Data Center USCIS (last visited November 6, 2023). [13]O-1 Visa: Individuals with Extraordinary Ability or Achievement, U.S. Citizenship and Immigration Services, March 3, 2023, O-1 Visa: Individuals with Extraordinary Ability or Achievement USCIS, (last visited November 16, 2023). [14] L-1A Intracompany Transferee Executive or Manager, U.S. Citizenship and Immigration Services, May 4, 2021,  L-1A Intracompany Transferee Executive or Manager USCIS, (last visited November 20, 2023).