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Enhance Workplace Diversity Through Comprehensive Exploration of Visa Options for Your Workforce

By Jerome G. Grzeca Founder & Managing Partner, Grzeca Law Group, S.C. | April 2024

This article was co-authored by Celeste Salas, Legal Assistant, Grzeca Law Group, and Reese Eckenrod-Snyder, Legal Assistant, Grzeca Law Group

Have you ever received a resume for an international candidate that checks all the boxes but you're not sure what to do about a work visa? The hospitality industry has relied heavily on a diverse workforce to meet its demands.

An important part of this workforce includes foreign employees who bring unique skills and an international perspective. They occupy various roles, including culinary specialists, front office staff, restaurant managers, engineers, and other managerial positions. Wading into the world of procuring work visas can seem daunting if you are not versed in the options and timing of the process. With a few basic concepts, we can get you on your way. Different roles and different nationalities often require different work visas.

However, there are limited employment-based U.S. work visa options. Generally speaking, the available options are the TN, E-2, E-3, L-1, H-1B and H-2B. The first three (TN, E-2 and E-3) are all nationality based, meaning that the nationality of the candidate must match the visa category. The L-1 visa is for intracompany transfers, while the H visa is "open market" work (not tied to a particular company), and neither are restricted by nationality. Many Talent & Culture offices find it difficult to assess which U.S. work visa option may be best suitable for desired candidates even when they understand these basic rules.

Let's talk about some recurring examples.

TN Classification

Perhaps your Talent & Culture office receives resumes for two individuals who happen to be married: Mia and Sebastian. These individuals are applying for your Director of Food & Beverage and Director of Rooms roles respectively and have the credentials you are seeking. Both Mia and Sebastian are multilingual Canadian citizens with over 10 years of experience in the hospitality industry. While Sebastian does not possess any post-secondary education, Mia was awarded a Bachelor's Degree in International Hospitality Management. How do you assess which visa options apply to these two individuals?

Without doubt, Mia qualifies for the TN classification. The TN classification is only available to Canadian and Mexican citizens due to its status in the United States-Mexico-Canada Agreement (USMCA), formerly the North American Free Trade Agreement (NAFTA). To qualify, the position must fall under one of 63 designated categories, one of which is "Hotel Manager." The Hotel Manager category requires that the candidate possess a Bachelor's degree in Hotel and Restaurant Management; or a 2-year post-secondary diploma in Hotel and Restaurant Management and three years of experience in hotel and restaurant management. Given that Mia is a Canadian citizen and possesses a Bachelor's degree in the proper field study, she qualifies for the TN classification as the Director of Food and Beverage.

TD Classification

But what about her husband Sebastian? You might ask yourself; can Sebastian enter the U.S. as a dependent of the principal applicant and still work? Dependents of a TN holder receive the TD classification. However, those who hold TD classification are not authorized to work in the United States. Therefore, Sebastian will need to pursue his own independent work visa as well.

L-1 Classification

Sebastian's resume indicates that he previously served as Director of Rooms for a sister company abroad for two years prior to his most recent employment. You have heard from other Talent & Culture offices that your company has a "blanket petition." In this instance, Sebastian may qualify for the L-1 intracompany transfer visa. This classification is preferred by international companies as it allows them to transfer employees from a foreign office/hotel to a U.S. office/hotel. The Blanket L petition is a process allowing large multinational companies to quickly transfer employees in L-1 status.

The hotel management company files a petition with U.S. Citizenship and Immigration Services (USCIS) requesting "blanket" pre-approval that its specified foreign hotels have a qualifying relationship. Once USCIS approves the corporate Blanket L petition, hotels can have transferring employees apply for an L-1 visa directly at a U.S. Consulate or Embassy abroad. A Blanket L petition speeds up the process of transferring employees from foreign affiliates, from several months to a matter of days or weeks as the Blanket L approval eliminates the need to file separate petitions with USCIS for each transferred employee.

Given that the company has the Blanket L approval and Sebastian served in a managerial position for two years abroad within the same company at a hotel listed in the Blanket L approval, he could apply for the L-1A (managerial) classification. As a Canadian citizen, he can apply directly at the port of entry when flying or driving to the United States.

L-2S Classification

At this point, you resolved your dilemma for both candidates, but you bring this to management for approval and you are informed that at this time they are only willing to pay all expenses for an L-1 visa for one of the two individuals. How can you overcome this if the TD classification does not allow for work authorization and you are unable to sponsor both the TN for Mia and the L-1A for Sebastian? Fortunately, unlike the TN classification, the L-1A classification allows spouses to work "incident to status."

In this situation, the hotel would apply to bring Sebastian to the United States in on L-1A classification and his spouse, Mia, under L-2S classification and both would receive appropriate work authorization. This would be the best-case scenario as it eliminates the need to file an additional application on Mia's behalf as she would be tied to Sebastian's L-1A classification. Now, you have successfully filled both positions and saved the company half of the expense that it would typically cost to file two visa petitions!

However, in most visa cases, Talent & Culture is not "gifted" a 2-for-1 scenario. What if Sebastian did not have the qualifying one-year of experience with the company abroad and therefore, was unable to apply for the L-1A classification? He would still not be able to apply for the TN classification given his lack of degree and he would not be able to be tied to Mia's TN classification given that the TD classification does not allow for work authorization. In a "worst-case" scenario, what if Mia was not a Canadian citizen and was unable to apply for the TN classification?

E-3 Classification

Let's run through this "worst-case" scenario with some slightly different facts. If Mia had Australian citizenship instead of Canadian citizenship, she may be able to qualify for the E-3 classification. Similar to H-1Bs, the E-3 classification is for "specialty occupation" positions, which are those that typically require a bachelor's degree as a minimum requirement for entry into the field. In addition, the employee must possess the equivalent of a U.S. bachelor's degree in the specialty field. The E-3 classification is only for Australian nationals to work temporarily in specialty occupations in the United States. Given that Mia has the Bachelor's degree and Australian citizenship, she may be able to apply for this classification so long as the position offered to her is considered a "specialty occupation." In this scenario, Mia would be able to work for the company under E-3 classification.

E-3S Classification

What options are left for Sebastian? Even if Sebastian did not have the qualifications required to apply for the L-1A classification, if Mia qualifies for the E-3 classification, she would be able to bring Sebastian under E-3S status. Similar to the L-2S classification, an individual who is issued E-3S classification is able to work incident to status.

E-2 Classification

Maybe you have heard of the E-3 classification, but have you heard of an E-2 classification? The E-2 classification is also a nationality-based classification, but it is not tied to a singular nationality like the E-3 classification or TN classification. E-2 visa holders share the same nationality as the nationality of company's ownership. That country in which nationality is held must also have a treaty of commerce with the United States. This classification affords work authorization to Executive, Management and Essential skills employees who hold the same nationality as the business.

In larger businesses, management and executive level employees may be sent to the United States instead of the owners of the business. This means that both Mia and Sebastian would be able to apply for the positions of Director of Food & Beverage and Director of Rooms respectively under E-2 classification so long as they hold the same nationality as the business. The other great thing about the E-2 is that spouses of E-2 holders in valid E-2S status are considered employment authorized incident to status.

H-1B Classification

Imagine another common scenario, Michael, a Chinese student and one of your Assistant Talent & Culture Managers who is working at the property temporarily on a Student visa after he graduated from college, and who has excelled during his brief time at your property, comes into your office and asks if the company would be willing to help him remain the U.S. and continue working for the company. Often this is a difficult conversation, as navigating the complexities of extending a student's stay can be complicated and cumbersome. For a detailed discussion on retaining Trainee (J-1) and Student (F-1) workers, please see our previous article on the topic: How to Retain Your Foreign National Trainees After You Have Invested in Them

H-2B Classification

A final scenario involves the H-2B program, which addresses the need for low-skilled workers. As peak occupancy seasons approach, it can be difficult to fill all available positions. Though this option requires a larger commitment than most other options, it allows you to bring in a higher number of workers than any other option. Unlike any other visa, one application can be used for more than one worker. The H-2B classification is a powerful tool to staff dozens of positions on property during your peak season.

Some common hospitality positions filled by H-2B workers include Room Attendants, Stewards, and Line Cooks. These entry level positions are often hard to fill or have high turnover, making H-2B workers a welcome, temporary, addition to any workforce. For a detailed discussion on H-2B workers, please see our previous article on the topic: Staff Shortages: Have You Considered An H-2B Visa Program?

While navigating the American immigration system can be challenging due to its complex and shifting policies, understanding the basics and familiarizing yourself with the available visa options may make the interview processes easier for you and your recruitment teams. Whether you are looking for a new General Manager, Director of Revenue Management, Executive Chef, Outlet Manager, Reservations Analyst, or any other position, if the job role and visa type remain consistent, you are one step ahead of your competitors when it comes to securing the next generation of talent.

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13. PRIVACY POLICY

The following is the Privacy Policy for HotelExecutive

We can be reached via telephone, email, or online at our contact page. When you visit our site we do not log any information regarding your domain or email address. Information Sharing: We do not share user information with any third parties other than via press release distribution as described below.

Hotel Newswire is a newswire service that distributes press releases on behalf of our users. If you decide to submit a press release for distribution through our system we will transmit your entire press release including any personal information therein contained to our media contacts and online distribution points including search engines. This is the only redistribution of your information that we engage in. Your submission of press releases through our system indicates consent with this policy. The information we collect during your registration process is used to notify users about updates to our service and inform users of any special events hosted by Hotel Newswire. This information is not shared with other organizations for commercial or non-commercial purposes.

Cookies: Our system requires the use of cookies to enable the user to log back into our website to access information from the newswire, without having to log in each time using the required username and password.

If you do not want to receive email from us in the future, please let us know by following instructions included in our communication with you. Users who supply us with telephone numbers online may receive telephone contact from us regarding their account, or informing them of new products and services available on the HotelExecutive website. If you do not wish to receive such telephone calls, please edit your account and remove your phone number from your account profile. This can be done from your user account menu.

Ad Servers: We do not partner with or have any relationship with any ad server companies. From time to time, we may use customer information for new uses not previously disclosed in our privacy notice. If our information practices change at any time, we will post the policy changes to our website to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our website periodically.

Upon request we provide site visitors with access to all information (including proprietary information) that we maintain about them. Users can access this information by logging in to their account.

Security: We always use industry-standard encryption technologies while transferring and receiving user data exchanged with our site. We have appropriate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of information that we have collected from you on our site. We do not store credit card information in our systems.

If you feel that this site is not following its stated information policy, you may contact us.

Bonnie Knutson Three Must Have Tools in You Hotel's Marketing Toolbox
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    • My dad was one of those people who could envision and build just about anything. Whether it was a cabinet that held my baby clothes, or a ping pong table, his mind would come up with a creative design and his hands would produce what became an exceptional, functional, and beautiful piece of furniture. Growing up, I was lucky enough to be his helper, learning not only how to make something of value but also those little tidbits of wisdom that would resonate with me in my life and in my business career. One that has always stuck with...

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Robert O'Halloran Artificial Intelligence as a Hospitality Business and Education Tool
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Jerome G. Grzeca Control Your Immigration Spend
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John Mavros The Department of Labor's 2024 Final Rule and its Impact on Exempt Staff
  • By John Mavros, Attorney at Law, Partner, Fisher & Phillips, LLP

    • On April 23, 2024, the U.S. Department of Labor published its final rule which significantly increases the minimum salary threshold for executive, administrative, or professional employees to qualify as exempt under the Fair Labor Standards Act. The 2024 final rule is expected to affect millions of U.S. workers by potentially changing their exempt status and increasing overtime eligibility. The U.S. Department of Labor is rolling out the salary threshold increase in two stages. The first stage occurred on July 1, 2024, while the second will occur on January 1, 2025. Employers are required to either adjust salaries to maintain exemptions...

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