by Natalie McQuilkin For the past three years, the restaurant industry has faced a crisis. According to the National Restaurant Association, during the first year of the Covid-19 pandemic, the restaurant industry eliminated 356,000 jobs. Two years later, restaurants across the country were still struggling to recover. The National Restaurant Association reported that, in April 2022, “the food and beverage industry was still 794,000 jobs, or 6.4%, below its pre-pandemic employment levels.”.[1] It was not until 2023 that the restaurant sector began to see a boost in employment, as “nearly [three] out of [four] operators say that business conditions are now close to normal.” The National Restaurant Association states that the restaurant industry will need to hire 500,000 more people by the time 2024 arrives.[2] Restaurateurs who lack a stable employee base face a major dilemma: How do we fill all these jobs? This becomes an even more pressing question when considering the industry's high turnover rate. In 2021, Fast-food restaurants had a turnover rate of 144%, and “restaurant workers [were] quitting their jobs at a highest rate in two decades“.[3] One way to fill restaurant positions is by recruiting to foreign citizens through work visas. For years, foreign nationals have made up a significant portion of the food service workforce. The New American Economy Research Fund reported that, in 2018, 20.5% of those working in the food service industry were immigrants.[4] An April 2021 publication by the National Restaurant Association explains that the benefit of hiring foreigners is twofold because “immigrants gain work experience and access to new opportunities, and restaurateurs fill much-needed positions at all levels.”.[5] In this blog post, we will highlight some common work visas that can be applied to the restaurant industry to address its current labor shortage and high turnover rate.

The H-2B Visa

Designed for short-term employment, this nonimmigrant visa It is ideal for lodging, service, bartender, food preparation, and dishwashing positions. The H-2B visa accommodates four different types of jobs:

• Unique occurrence: The employer needs temporary workers due to a “short-term, temporary event.” This type of work has not involved temporary workers in the past, and the employer does not plan to use them in the future.
• Seasonal need: The employer needs additional workers for the company's recurring busy seasons.
• Maximum load requirement: The employer needs to supplement its regular workforce with temporary workers due to “seasonal or short-term demand.”.
• Intermittent need: The employer needs to use temporary workers for a period of time because full-time permanent employees have not yet been hired.[6]

Due to the temporary or seasonal nature of these visas, it is no longer surprising that hotels top the lists for H-2B visa petitions for food preparation and service jobs. According to the Employer Data Hub on the U.S. Citizenship and Immigration Services (USCIS) website, the top five companies that applied for H-2B visas in June 2023 included DHC MI Holdings, LLC; The Breakers Palm Beach, Inc.; Kiawah Island Inn Co.; The Broadmoor Hotel, Inc.; and Ocean Reef Club, Inc. [7] Each year, 66,000 H-2B visas are issued, with 33,000 visas issued from October 1 through March 31 and the other half issued from April 1 through September 30. However, these numbers are not always fixed. In fiscal year 2023, 64,716 additional visas were made available for returning workers and workers from northern Central American countries and Haiti.[8] The H-2B visa allows foreign nationals to work in the United States for up to one year, but their visas can be extended for another year, as needed. However, once they have been in the U.S. for three years, they must return to their home country for three months before reapplying for the H-2B visa. A major benefit of this visa is that the recipient’s spouse and unmarried children under the age of 21 may apply for admission to the U.S. on an H-4 visa.

The H-1B Visa

The H-1B visa is one of the most common nonimmigrant visas issued each year. USCIS reports that in fiscal year 2022, “H-1B petitions comprised nearly three-quarters of all Form I-129 petitions received, about the same as in the previous five years.”. [9] Every year, 65,000 H-1B visas are issued. To qualify for the H-1B visa, applicants must have at least a bachelor's degree and a set of specialized skills. Like the H-2B visa, an employer will apply for the applicant and obtain a Labor Condition Application. This visa allows foreign nationals to work in the United States for up to three years, but the visa can be extended for up to six years. Just like the H-2B visa, the foreign citizen's spouse and children under 21 years of age can be admitted to the U.S. with the H-4 visa.[10] This type of visa is an excellent option for those seeking a highly skilled position in the restaurant industry, such as an executive chef, pastry chef, sommelier, or restaurant manager.

The H-3 Visa

The H-3 visa is designed for foreign candidates interested in gaining additional experience before starting a career in their home country. In the restaurant industry, this can be applied to positions that require extensive training and education, such as food and beverage manager, restaurant manager, or sous chef. However, the training program must be subject to the following stipulations established by USCIS:

• The training program is not available in the foreign national's country of origin;
• Foreigners should focus on training rather than “productive employment,” and
• The training will enable the foreign national to find a career outside the United States.

Once this visa is approved, The foreign national may remain in the U.S. for up to two years. Your spouse and children under the age of 21 may be admitted to the U.S. on an H-4 visa, but they may not work while in the United States.[11]

The J-1 Visa

The J-1 visa, or nonimmigrant exchange visitor visa, is intended for foreign nationals studying in the U.S. and is issued to 300,000 people from 200 countries each year.[12] The J-1 visa covers a variety of programs, and several can apply to the restaurant industry:

• Summer Work Travel Program accommodates college students while they work temporary or seasonal jobs during the summer. Restaurants can hire these students for four-month positions as food prep workers, dishwashers, servers, and hosts.
• The Apprentice Program requires the foreigner to have a degree or certification and one year of experience o five years of experience outside the United States. This program can be used to learn the basics of technical restaurant occupations, such as operational and managerial positions.[13]
• The Internship Program help university students gain experience in their field of study.[14] This is an excellent option for students interested in expanding their education in business operations, which can be applied directly to restaurants. This program can last between three weeks and 12 months, but the duration of the program can be extended, if necessary. [15]

The Q Visa

Intending to promote cultural exchange, the 15-month Q visa encourages foreign nationals to “effectively communicate the cultural attributes of [their] country to the U.S. public.”.[16] As such, applicants—in addition to being at least 18 years old and qualified for the job—must work in a position with a demonstrable cultural component. The cultural aspect can be applied to a variety of restaurant positions. Walt Disney World Resort has relied on the Q visa for years to hire foreign nationals at Epcot and Animal Kingdom in Disney World; in fact, the Q visa is “commonly known as the ‘Disney visa.'”.[17] In The Wonderful World of Disney Visas, Kit Johnson explains that in the park’s Animal Kingdom, “some [cultural representatives] work at Jiko, one of the three restaurants [at Animal Kingdom Lodge], serving authentic African cuisine.”.[18] The Q visa can be used in a similar way in other restaurants. For example, a Laotian restaurant could specifically hire Laotian waiters and hosts who inform customers about menu dishes and their importance in traditional Laotian culture.

The EB-3 Visa (Green Card)

Designed to provide a path to U.S. citizenship, the EB-3 visa is intended for professional, skilled, and “other” or “unskilled” workers. Each of these categories has specific requirements that can be applied to the restaurant industry. For example, the professional category requires a high school diploma or higher, and the skilled worker category requires at least two years of experience in the field; chefs, restaurant managers, and workers with experience or degrees in culinary arts or business may qualify. The “other” worker category allows applicants to have less than two years of experience, which can be ideal for restaurant jobs that do not require as much skill. Because this visa requires a permanent, full-time position, the employer can count on the foreign employee to stay for an extended period. It is important to note that the EB-3 visa is only intended for positions where there are no qualified U.S. workers willing to fill the role. Additionally, this visa is sponsored by an employer, who must obtain a PERM Employment Certification to start the process.[19]

The L-1A and L-1B Visas

The L-1A visa for Intracompany Transferee Executives or Managers provides a pathway for applicants to establish a new business location or work in an executive or managerial position in the US. To qualify for this visa, a foreign national must work for a U.S. company at one of its overseas offices and have at least one year of work experience. An example related to the restaurant industry is someone who oversees the operations of a U.S. company’s overseas restaurant chain. Then, with the L-1A visa, they are recruited to come to the U.S. to open a new restaurant. If the visa holder is establishing an office, they may remain in the U.S. for one year. If they come to work as managers or executives for the company in the U.S., they can stay for three years. The visa can be extended in increments until the maximum limit of seven years is reached.[20] The visa L-1B Specialized Knowledge Visa for Transferred Employees Within the company, it is similar to the L-1A visa in that it requires the applicant to have a “qualifying relationship” and to be “doing business” with a U.S. company. However, rather than supervising the business, the company may recruit the foreign national to come to the U.S. to provide “specialized knowledge” regarding a “product, service, research, equipment, techniques, management, or other interests.”. [21] For example, if a restaurant chain has ordered a new line of deep fryers manufactured in Taiwan, the owner may hire one of the engineers or sales representatives to visit the restaurant locations and provide hands-on training on how to operate, troubleshoot, and clean the equipment. The terms for the length of stay in the U.S. on an L-1B visa are the same as those for the L-1A visa. Both visas allow spouses and children under the age of 21 to come to the U.S. on an L-2 visa.

 [1] Restaurants continue to struggle to fill job openings, National Restaurant Association, May 6, 2022, Analysis and Commentary | National Restaurant Association. [2] 2023 State of the Restaurant Industry, National Restaurant Industry, February 28, 2023, 2023 State of the Restaurant Industry | National Restaurant Association. [3] Dominick Reuter and Madison Hoff, A 10% pay raise and 8 other statistics show just how crazy it is to work in fast food,  Business Insider, August 24, 2021, 9 statistics show just how crazy it is to work in the restaurant industry (businessinsider.com). [4] COVID-19: Immigrant Workers Are Essential to Ensuring the U.S. Food Supply Chain, New American Economy Research Fund, April 16, 2020, COVID-19: Immigrant Workers Are Essential to Safeguarding the U.S. Food Supply Chain – New American Economy Research Fund. [5] The Restaurant Industry Needs Legal Immigrants, National Restaurant Industry, April 29, 2021, The restaurant industry needs legal immigrants | National Restaurant Association. [6] H-2B Temporary Non-Agricultural Workers,  U.S. Citizenship and Immigration Services, April 10, 2023, H-2B Temporary Nonagricultural Workers | USCIS, (Last accessed: October 25, 2023). [7] H-2B Employer Data Center, U.S. Citizenship and Immigration Services, June 30, 2023, H-2B Employer Data Center | USCIS, (Last accessed: October 25, 2023). [8] Temporary Increase in H-2B Nonimmigrant Visas for Fiscal Year 2023, U.S. Citizenship and Immigration Services, September 18  of 2023, Temporary increase of H-2B nonimmigrant visas for fiscal year 2023 | USCIS, (Last accessed: October 25, 2023). [9] Annual Statistical Report for Fiscal Year 2022,  U.S. Citizenship and Immigration Services, Annual Statistical Report for Fiscal Year 2022 (uscis.gov). [10] H-1B Specialized Occupations, Department of Defense Cooperative Research and Development Project 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 accessed: October 25, 2023). [11] H-3 Special Education Trainee or Exchange Visitor, U.S. Citizenship and Immigration Services, February 24, 2021,  H-3 Special Education Nonimmigrant Trainee or Exchange Visitor | USCIS, (last visited: October 26, 2023). [12]Facts and Figures, BridgeUSA, Facts and Figures  – BridgeUSA J-1 Visa Basics | BridgeUSA (state.gov), (last visited: October 26, 2023). [13] J-1 Visa: Trainee, BridgeUSA, BridgeUSAPrograms | BridgeUSA (state.gov), (last visited: Oct. 26, 2023). [14] J-1 Visa: Intern Program, BridgeUSA, BridgeUSAPrograms | BridgeUSA (state.gov), (last visited: Oct. 26, 2023). [15] Exchange Visitor Program Requirements, U.S. Department of State, Exchange Visitor Program Category Requirements.pdf (state.gov). [16] Q Cultural Exchange Visa, U.S. Citizenship and Immigration Services, February 24, 2021, Q Cultural Exchange | USCIS, (last visited: October 26, 2023). [17] Kit Johnson, The Wonderful World of Disney Visas, FLORIDA LAW REVIEW, vol. 63, no. 4, pg. 6, Feb. 8, 2013, The Wonderful World of Disney Visas (ufl.edu). [18] Kit Johnson, The Wonderful World of Disney Visas, FLORIDA LAW REVIEW, vol. 63, no. 4, pg. 15, Feb. 8, 2013, The Wonderful World of Disney Visas (ufl.edu). [19] Employment-Based Immigration: Third Preference (EB-3), U.S. Citizenship and Immigration Services, December 2, 2020, Employment-Based Immigration: Third Preference EB-3 | USCIS, (last visited: October 26, 2023). [20]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: October 26, 2023). [21]L-1B Intracompany Transferee Specialized Knowledge, U.S. Citizenship and Immigration Services, May 4, 2022, L-1B Specialized Knowledge Intracompany Transferee | USCIS, (last visited: October 26, 2023).