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Visas for the Hospitality Industry

  • 12 mins read
Visas for the Hospitality Industry
by Natalie McQuilkin With an economic impact of $759 billion, the hospitality industry is a powerhouse for the U.S. economy.[1] This industry encompasses a slew of businesses, from hotels and resorts to nightclubs and theme parks. One characteristic that sets this industry apart from others is its dependence on foreign-born workers. A 2022 study called “Migrant mobility and value creation in hospitality labour” explains that “much of the international hospitality sector relies 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 hospitality workforce jobs in California.
  • Foreign-born workers make up about 34 percent of Hawaii’s hospitality workforce.[3]
Because of the wide array of jobs offered by the leisure and hospitality sector, many migrants with different professional backgrounds can find the right fit for them at hotels, resorts, casinos, restaurants, bars, and more. An important way that 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 providing them with the opportunity to gain work experience and earn higher wages that may not be available in their home countries. These visas are so important to the industry that 33 percent of businesses would “close or reduce their operations if they could not hire workers through temporary visa programs,” according to New American Economy. In this post, we’ll dive into the details of visas that are a great fit for the hospitality industry.

The H-1B Visa

The H-1B visa is a great option for employers interested in filing a petition on behalf of foreign nationals to perform a job that requires a unique, concentrated skill set. This visa accommodates foreign nationals with a specialized skill set, a bachelor’s degree, and further qualifications, such as certification, licensing, or a graduate degree. However, it’s important to keep in mind 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 has to be considered a “specialty occupation,” meaning that it has to meet the following stipulations:
  • The job requires a bachelor’s degree, at minimum; and
  • The occupation is “so complex or unique that it can be performed only by an individual with a degree.” [4]
According to USCIS, if foreign nationals do not meet the bachelor’s degree requirement, it is also acceptable for them to hold an unrestricted state license, registration, or certification that allows them to practice the specialty occupation. In the hospitality industry, this can be applied to managing a hotel, restaurant, nightclub, or resort events. It can also be applied to working as a sous chef or pastry chef. Some of the leading companies that applied for H-1B visas in July 2023 included Marriott International, Inc.; Hilton; Choice Hotels International; Hyatt Corporation; Six Continents Hotels, Inc.; and Wyndham Vacation Ownership, Inc.[5] When filing a petition for a foreign national, employers must submit a Labor Condition Application, which establishes that they will pay the H-1B worker a fair wage and that hiring foreign nationals will not adversely affect the pay or working conditions of U.S. workers in the same positions. 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 essential workers and provide stable employment for the foreign national. In addition, the foreign national’s spouse and unmarried children under the age of 21 may be admitted to the U.S. on H-4 visas while the foreign national works in the U.S.

The H-2A Visa

The H-2A visa, which is geared toward temporary agricultural workers, can also be tied into 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 rely on it in order to serve fresh, appetizing meals. Additionally, local agriculture can draw in the “culinary tourists,” according to the Hospitality Institute. The Institute explains that “[c]hefs are a critical part of the demand side of the value chain. They 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 – foodie [travelers].”[7] Ensuring that there are enough people working in the agricultural sector helps ensure that the hospitality industry can stay afloat as well. The H-2A visa provides a way for companies to address labor shortages during specific agricultural seasons. This visa requires employers to offer a seasonal or temporary job, demonstrate that there are not enough U.S. workers to fill the position, and provide evidence that H-2A workers will not affect the wages of U.S. workers in similar roles. As of June 30, 2023, the National Corn Growers Association had petitioned 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 typically determines the foreign national’s period of stay, which is limited to a maximum of three years. Those who receive an H-2A visa may bring their spouse or unmarried children under the age of 21 to the U.S. under the H-4 nonimmigrant classification. [9]

The H-2B Visa

Designed to accommodate businesses needing to fill minimal-experience jobs, the H-2B visa is a great option for hotels, resorts, amusement parks, casinos, and restaurants where staffing needs vary over the course of a year. Businesses must fall under one of the following categories to petition a foreign national for the H-2B visa:
  • 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 pertain to “‘events’ tied to a season, such as the Christmas shopping season,” according to the Department of Labor. [10] For example, the employer can hire additional temporary employees to man the cash register in resort gift shops during the holiday season.
  • Peak-load need: The employer needs to hire additional employees to help its staff for a short time or a season. The employer must also prove that there are permanent staff employed year-round, and that the temporary employees will not become part of the regular operation. One example is hiring additional employees during the winter to rent ski gear to patrons.
  • Intermittent need: The employer occasionally needs to hire temporary employees for a short period of time, but 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 being held at a resort or hotel.
  • One-time occurrence An event requires the employer to hire additional, temporary employees for a short period of time. This could include hiring temporary waitstaff during a big event commemorating a resort’s 100th operating year.
Like all the other H-type visas we have discussed in this post, the employer must submit the required documentation to demonstrate that hiring foreign nationals will not affect U.S. workers’ wages or working conditions. The labor certification submitted will determine how long the foreign national can work in that position, but the maximum period of stay is three years. In total, 66,000 H-2B visas are made available each year, with 33,000 H-2B visa workers beginning employment during the first half of the fiscal year (October 1–March 31), while the remaining 33,000 H-2B visa workers begin their jobs during the second half of the fiscal year (April 1–September 30). [11]  Spouses and unmarried children younger than 21 can come to the U.S. with H-4 status while the H-1B worker has employment in the U.S. Because this visa does not require specific experience, it’s a great option for hiring more dishwashers, housekeepers, receptionists, servers, custodians, customer service representatives, lifeguards, and more. USCIS reports that some of the top hospitality businesses that filed petitions for H-2B visas in June 2023 included the Kiawah Inn, the Yellowstone Club, Mackinaw Seasonal Resorts, The Broadmoor Hotel, Inc., The Hyatt Corporation, The Breakers Palm Beach, Inc., and the Killington/Pico Ski Resort. [12]

The O-1 Visa

Employers or “U.S. agents”—those who act on behalf of the employer—can file a petition for individuals with extraordinary ability in the sciences, education, business, athletics, or the arts under the O-1 visa. According to USCIS, this visa requires the foreign national to “demonstrate extraordinary ability through sustained national or international acclaim… and must be coming to the United States temporarily to continue working in the field of extraordinary ability.”. [13] In regard to the hospitality industry, the O-1 visa can be used to hire a renowned chef at an upscale resort restaurant or an internationally acclaimed food scientist to enhance packaging techniques for food commonly sold at amusement parks. The foreign national must be able to prove 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 nationals’ background and success in the respective field. The full list of what can be considered as supporting documentation or comparable evidence can be found Here. The O-1 visa permits the beneficiary to stay in the U.S. 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 businesses to transfer executives or managers from their foreign offices to one of their U.S.-based offices, or even to establish a new office in the United States. This visa offers several advantages for the hospitality industry. It ensures that employers are using skilled, knowledgeable workers who have experience in their own business to manage existing or new branches of hotels, resorts, casinos, or restaurants in the United States. Hiring foreign nationals who are familiar with existing company policies, practices, and business models eliminates the costly and time-consuming process of finding the right candidate for an executive or managerial position. Moreover, executive and managerial positions encompass a wide range of roles, from the director of marketing to the vice president of sales, which broadens the types of positions eligible for the L-1A visa. To petition for this visa on behalf of a foreign national, the U.S.-based employer “must be related to the original business of employment (as a branch, subsidiary, etc.) and must 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 nationals may qualify for this visa if they have been employed by the company for at least one year and will be working 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. Additionally, the foreign national’s spouse and unmarried children under the age of 21 may be admitted to the U.S. on an L-2 visa.[14]

How Do I Get Started?

If you’re interested in learning more about the many visas available for the hospitality industry or petitioning foreign nationals for a visa, schedule a consultation with Eagan Immigration’s business attorney, Hannah Whaley. Click this link to get started or call our office at (202) 709-6439.   [1] American Hotel & Lodging Association, AHLA Dashboard (morningconsultintelligence.com), (last visited: Nov. 6, 2023). [2] Peter Lugosi and Ann Ndiuini, Migrant mobility and value creation in hospitality labour, ANNALS OF TOURISM, vol. 95, Jul. 2022, Migrant mobility and value creation in hospitality labour – ScienceDirect. [3] Hospitality & Tourism, New American Economy, Hospitality & Tourism Industry – New American Economy, (last visited: Nov. 6, 2023). [4] H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models, U.S. Citizenship and Immigration Services, Sept. 15, 2023, H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models | USCIS, (last visited: Nov. 16, 2023). [5] H-1B Employer Data Hub, U.S. Citizenship and Immigration Services, Jul. 24, 2023, H-1B Employer Data Hub | USCIS, (last visited: Nov. 8, 2023). [6] H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models, U.S. Citizenship and Immigration Services, Sept. 15, 2023, H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models | USCIS, (last visited: Nov. 8, 2023). [7] The Role of Agriculture in the Hospitality Industry, Hospitality Institute, Feb. 27, 2018, The Role Of Agriculture in The Hospitality Industry – Hospitality Institute. [8] H-2A Employer Data Hub, U.S. Citizenship and Immigration Services, Nov. 16, 2023, H-2A Employer Data Hub | USCIS, (last visited: Nov. 16, 2023). [9] H-2A Temporary Agricultural Workers, U.S. Citizenship and Immigration Services, Nov. 8, 2023, H-2A Temporary Agricultural Workers | USCIS (last visited: Nov. 16, 2023). [10] What Employers Need to Know in NYS: H-2B Program Process and Guidance, U.S. Department of Labor, PowerPoint Presentation (ny.gov). [11] H-2B Temporary Non-Agricultural Workers, U.S. Citizenship and Immigration Services, Apr. 10, 2023, H-2B Temporary Non-Agricultural Workers | USCIS, (last visited: Nov. 6, 2023). [12] H-2B Employer Data Hub, U.S. Citizenship and Immigration Services, Jun. 30, 2023, H-2B Employer Data Hub | USCIS (last visited: Nov. 6, 2023). [13]O-1 Visa: Individuals with Extraordinary Ability or Achievement, U.S. Citizenship and Immigration Services, Mar. 3, 2023, O-1 Visa: Individuals with Extraordinary Ability or Achievement | USCIS, (last visited: Nov. 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: Nov. 20, 2023).