ARTICLE
3 February 2025

International Talent As A Solution For Hospitality Staffing

DW
Dickinson Wright PLLC

Contributor

Dickinson Wright is a general practice business law firm with more than 475 attorneys among more than 40 practice areas and 16 industry groups. With 19 offices across the U.S. and in Toronto, we offer clients exceptional quality and client service, value for fees, industry expertise and business acumen.
A RECENT INDUSTRY SURVEY revealed staffing shortages are affecting 67% of hotels, with 12% reporting these gaps are severely disrupting their operations.
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A RECENT INDUSTRY SURVEY revealed staffing shortages are affecting 67% of hotels, with 12% reporting these gaps are severely disrupting their operations. Housekeeping has emerged as the most critical area in need of workers. Across the U.S., more than 70,000 hotel positions remain unfilled, even as wages in the industry soared to record highs by December 2023 – according to the latest data from the Bureau of Labor Statistics.

To address these labor shortages, several solutions have been proposed, including:

  • Expanding the H-2B guestworker program
  • Expediting work authorization for asylum seekers
  • Passing the H-2 Improvements to Relieve Employers (HIRE) Act (H.R. 4708)

While these initiatives offer potential relief, nonimmigrant visa options such as the H-1B, H-2B, J-1, L-1, TN, O-1, and E-2 visas provide specific pathways for hotels to recruit foreign workers and address critical staffing needs.

1. H-1B/H-1B1 VISA: FILLING SPECIALIZED ROLES WITH GLOBAL EXPERTISE

The H-1B visa allows hotels to recruit foreign workers for specialized roles that require a bachelor's degree or equivalent experience in fields such as management, IT, or engineering. The H-1B1 program is similar but limited to nationals from Chile (1,400 visas) and Singapore (5,400 visas) annually.

Benefits:

  • Addressing skill gaps: The H-1B visa helps hotels fill specialized roles that are challenging to staff locally.
  • Diverse perspectives: International employees bring new ideas and practices that enhance guest satisfaction and operational efficiency.

Challenges:

  • Annual caps: The H-1B program has a cap of 85,000 visas, leading to competitive selection processes.
  • Time limits: H-1B visas are initially granted for three years, with a maximum stay of six years, though extensions may be available.

The bottom line: Employing H-1B and H-1B1 professionals helps fill high-demand roles while fostering a diverse and innovative work environment.

2. H-2B VISA: SEASONAL STAFFING SOLUTION

For hotels facing increased demand during peak seasons such as holidays or major events, the H-2B visa provides a solution for hiring non-agricultural seasonal or temporary workers.

Key features:

  • Temporary work: Ideal for roles that are seasonal or based on one-time needs.
  • Annual cap: The H-2B program is capped at 66,000 visas annually, divided between two halves of the fiscal year. Some years, supplemental visas are available to meet business demands.

The bottom line: Employers must complete a labor market test to demonstrate the unavailability of U.S. workers. Early planning and application are critical to ensure timely access to seasonal labor.

3. J-1 VISA: FOSTERING INTERNATIONAL HOSPITALITY TALENT

The J-1 visa offers hotels the opportunity to host foreign interns and trainees through work-and-study exchange programs, making it ideal for those looking to train and mentor hospitality professionals from around the world.

Key features:

  • Versatile programs: Suited for internships, training, and summer work.
  • Cultural exchange: Participants gain valuable U.S. work experience, enhancing their future career prospects abroad.

The bottom line: Hotels must partner with designated sponsor organizations and create detailed training plans to ensure participants receive meaningful educational experiences.

4. TN VISA: STRENGTHENING LEADERSHIP WITH NORTH AMERICAN TALENT

Under the United States-Mexico-Canada Agreement (USMCA), the TN visa offers an efficient way for hotels to hire qualified professionals from Canada and Mexico, including hotel-management positions.

Advantages:

  • Fast processing: TN visas can be processed more quickly than other work visas.
  • Renewable: TN visas can be renewed indefinitely, offering long-term stability in key roles.

The bottom line: The TN visa is particularly suited for hotels seeking experienced management professionals from North America.

5. L-1 VISA: INTERNATIONAL TRANSFERS OF GLOBAL TALENT

For hotels with international locations, the L-1 visa facilitates the transfer of executives, managers, and specialized knowledge employees from foreign affiliates to U.S. locations.

Benefits:

  • Extended stay: L-1 visas allow up to seven years for executives and managers and five years for specialized knowledge workers.
  • Global integration: L-1 visas enable seamless transfers of international talent, ensuring continuity in leadership and specialized roles.

6. O-1 VISA: ELEVATING YOUR HOTEL WITH EXTRAORDINARY TALENT

The O-1 visa allows hotels to attract individuals with extraordinary ability in areas like business, the arts, and sciences. This is particularly valuable for hotels in competitive markets aiming to distinguish themselves by employing elite professionals.

Benefits:

  • Top talent access: The O-1 visa enables hotels to recruit renowned chefs, designers, or industry leaders.
  • No annual cap: Unlike many other visas, the O-1 visa isn't subject to an annual limit, offering more flexibility in hiring.

7. E-2 VISA: STRENGTHENING HOTELS WITH INTERNATIONAL INVESTMENT AND SKILLED WORKFORCE

For hotel owners and operators from treaty countries, the E-2 visa allows for the establishment or expansion of U.S. hotel businesses. This visa not only covers investors but also permits hiring essential foreign workers with specialized skills.

Benefits:

  • Investment-based entry: The E-2 visa allows investors who have made a significant financial commitment to live and work in the U.S. while managing their hotel.
  • Hiring flexibility: E-2 visa holders can bring in skilled foreign workers, from executive managers to specialized staff, enhancing operational efficiency.
  • Indefinite renewal: As long as the hotel continues to meet visa requirements, the E-2 can be renewed indefinitely.

The bottom line: The E-2 visa is a powerful tool for hoteliers seeking to expand operations and ensure the business is supported by skilled workers and robust management.

"By strategically utilizing visas like the H-1B, H-2B, J-1, L-1, TN, O-1, and E-2, hotels can access a diverse talent pool, ensuring smooth operations and exceptional service during peak seasons and beyond."

CONCLUSION: LEVERAGING VISA PROGRAMS FOR HOTEL SUCCESS

Nonimmigrant visa programs offer hotels essential tools to address staffing shortages and operational needs. By strategically utilizing visas like the H-1B, H-2B, J-1, L-1, TN, O-1, and E-2, hotels can access a diverse talent pool, ensuring smooth operations and exceptional service during peak seasons and beyond. These visa pathways allow hoteliers to build a competitive, dynamic workforce that meets both short-term demands and long-term growth goals.

Originally published by Today's Hotelier.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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