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Hiring Foreign Hotel Workers to Address Labor Shortage: H2B and EB3 Visas

By November 17, 2022December 12th, 2022No Comments

The extreme labor shortage in the hotel industry in the U.S. is expected to continue into 2023, and the years to come.  Currently, the shortage is approximately 400,000 jobs with 87% of U.S. hotels reporting staffing shortages]. To make matters worse, the shortage is only expected to grow in the future. Our clients in the hotel industry have addressed this shortage through hiring overseas workers that are ready, willing and able to fill their hotel positions in the U.S.

foreign hotel workers visas h-2b and eb-3 (green card)

Specifically, there are two immigration routes that our clients utilize to hire foreign hotel workers (1) H-2B Visa (Temporary Worker) and (2) EB-3 (Green Card). The H-2B visa process, a temporary visa type, can allow an employer to bring workers within two to three months. Whereas the EB-3 process, a permanent solution, can take anywhere from 12 to 24 months. A brief overview of these visa types that we use for our clients is described below.

H-2B Visa

One of the quickest routes to bringing hotel employees to the U.S. is through the H-2b visa. The H-2B program can be used by employers that demonstrate temporary, seasonal, or peak-load shortage of staff and need of additional workers- this is often the case for our clients in the hotel industry that have peak seasons. The H-2B program process typically takes 5 to 8 months to complete. Through this visa type, hotel workers can come to the U.S. and work for up to 9 months in a one-year period with the initial approval. Thereafter, the employee must leave for a period of three months and can come on an H-2B visa again for another 9 months (total of 27 months of employment).

Employers of the H-2B workers are obligated to pay for the visa application, flight tickets and accommodation of the workers, as well as to pay them the wage determined by the Department of Labor to protect them from exploitation. Typically, these costs are well worth it for our hotel industry clients that need workers now.

Additionally, the employee’s family (spouse and children under 21) can also accompany the employee under the dependent H-4 visa.

EB-3 (Green Card)

The EB-3 visa is a more permanent solution to bringing hotel employee to the U.S. Under the EB-3 category, an employer can sponsor the hotel employee to come to the U.S. to work in permanent position (green card). Generally, this process can be completed within 12 to 24 months. Under this category, an employer can petition for a foreign person to come to the U.S. to fill an employment position if the employer was not able to find a suitable employee from the American workforce- something that can very easily be shown for most hotels.

Additionally, the employee’s family (spouse and children under 21) can also immigrate with the employee.

Looking to hire foreign hotel workers? Contact the JEELANI LAW FIRM to discuss your immigration options:

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Jeelani Law Firm, PLC

JEELANI LAW FIRM, PLC is regarded as one of the top immigration law firms in the industry. We handle all immigration matters including family based adjustment of status/green card cases, citizenship filings, representation of businesses and employees when filing L1A/B Petitions, H1B petitions, and Permanent Labor petitions. Our firm also litigates immigration cases dealing with delayed adjudications as well as appellate matters before the U.S. Federal Courts, U.S. Immigration Courts, USCIS and the BIA. Given the complex nature of immigration law, inexperience can lead to many mistakes which may result in delays, denials, and loss of filing fees and valuable time. Contact our office and we will take care of the rest.