Staffing Solutions for the Hotel Industry

By Jerome G. Grzeca Founder and Managing Partner, Grzeca Law Group, S.C. | December 04, 2016

Hotels, like other U.S. companies, are struggling to find solutions to staffing shortages. Every month, more than a quarter-million Americans turn 65, which is a trend that has profound workforce and economic consequences in this country. In addition, unemployment rates continue to fall, dropping to 4.9% nationwide in September 2016. These changes, along with other factors like increases in occupancy rates and high labor costs, have resulted in many hotel companies having trouble finding and hiring qualified workers for open positions.

Of course, it’s not an option for the rooms not to be cleaned or for the meals not to be prepared and served when employees are hard to find. This leaves current staff working too much overtime, leading to additional owner expense, as well as employee dissatisfaction and turn-over. To solve these problems, hotels are thinking outside the box, and when all else fails while trying to find local workers, they start looking abroad. As a full-service immigration firm for several international hotel companies, we often receive calls from clients asking us to help them solve these labor shortages by hiring foreign national employees. While many hotel companies utilize work visas for professional (TN, H-1B, L-1B) and managerial (L-1A, E-2) employees, many do not take advantage of options available to them with respect to “low-skilled” labor to supplement their workforce. This article focuses on immigration options that hotels may not have considered before, some of which are listed here.

Temporary Immigration Solutions

I. Temporary Need – H-2Bs

This visa classification, known as the H-2B, was designed specifically for a “temporary need” where the employer cannot find qualified U.S. workers. The temporary need, usually less than 9 months, can be a one-time occurrence, a seasonal need, a peak load need or an intermittent need. Unlike other visa categories, there is no need for the employees to have a certain level of education or experience outside of what the hotel requires for this position. Therefore, this is one of the few immigration options available for “non-professional” positions (defined by immigration as positions that don’t require at least a Bachelor’s Degree).

There are several planning considerations when pursing an H-2B visa classification. First, these types of visas are “capped,” and there are only so many available each year. While the year is broken into two parts for the cap, it is possible for the government to run out of numbers at any time, so an employer who had planned to file a petition might lose their opportunity. Therefore, if an employer is interested in pursuing an H-2B visa classification, it would start the immigration work at least 5 months prior to when it would need the employees to start work. In addition, H-2B petitions can only be filed for citizens of certain countries (please see the current list here: https://www.uscis.gov/working-united-states/temporary-workers/h-2b-temporary-non-agricultural-workers#H2-B%20Countries). Furthermore, there are several rules about payments for H-2B workers; for example, they must be paid at least the prevailing wage in the work area, all visa and petition expenses must be paid by the employer, and the employer must pay for their transportation to and from the U.S.

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Coming up in May 2018...

Eco-Friendly Practices: The Greening of Your Bottom Line

There are strong moral and ethical reasons why a hotel should incorporate eco-friendly practices into their business but it is also becoming abundantly clear that “going green” can dramatically improve a hotel's bottom line. When energy-saving measures are introduced - fluorescent bulbs, ceiling fans, linen cards, lights out cards, motion sensors for all public spaces, and energy management systems - energy bills are substantially reduced. When water-saving equipment is introduced - low-flow showerheads, low-flow toilets, waterless urinals, and serving water only on request in restaurants - water bills are also considerably reduced. Waste hauling is another major expense which can be lowered through recycling efforts and by avoiding wastefully-packaged products. Vendors can be asked to deliver products in minimal wrapping, and to deliver products one day, and pick up the packaging materials the next day - generating substantial savings. In addition, renewable sources of energy (solar, geothermal, wind, etc.) have substantially improved the economics of using alternative energies at the property level. There are other compelling reasons to initiate sustainability practices in their operation. Being green means guests and staff are healthier, which can lead to an increase in staff retention, as well as increased business from health conscious guests. Also, sooner or later, all properties will be sold, and green hotels will command a higher price due to its energy efficiencies. Finally, some hotels qualify for tax credits, subsidies and rebates from local, regional and federal governments for the eco-friendly investments they've made in their hotels. The May issue of the Hotel Business Review will document how some hotels are integrating sustainable practices into their operations and how their hotels are benefiting from them.