By Suzanne Sukkar and Najah Allaham
Managing a hotel, keeping it fully staffed, and maintaining a high level of customer service is stressful. Whether it is peak summer travel, football season, skiing at the lodge in the wintertime, or Spring Training, labor shortages and seasonal workforce demands have hospitality managers constantly placing help wanted ads. There is another reliable (concierge level) solution that will put to bed at least one hospitality grievance and that is the H-2B visa program. This program allows hotels to bring in foreign workers for temporary, non-agricultural jobs precisely when you need them most.
Whether you need extra hands to manage the influx of guests during peak tourist season or additional staff for special events, the H-2B visa can ring that bell! This article will guide you through how hotel employers can effectively use H-2B visas to fill staffing gaps and provide tips on securing supplemental visas, if you missed the initial lottery.
The H-2B visa program can be a game-changer for non-agricultural industries, allowing you to hire foreign workers for seasonal or short-term needs. From hospitality and construction to landscaping and sports, various industries are leveraging this resource. The fiscal year for H-2B visas is split into two halves: October 1 to March 31 and April 1 to September 30. Start planning your filings now, as the H-2B lottery happens twice a year and timing is critical to have an opportunity since demand is high. Â
To qualify for H-2B visas, employers must demonstrate their staffing need falls into one of the following categories:
- One-Time Occurrence: A specific project requiring workers not needed in the past or future, lasting longer than other needs but not exceeding nine months. For example, a hotel might hire specialized contractors for a unique renovation project.
- Seasonal: Jobs tied to a predictable season or event recurring annually, such as hiring extra staff for peak tourist seasons. A ski resort, for example, could use H-2B visas to hire ski instructors and hotel staff for the winter season.
- Peak-Load: Short-term spikes in demand requiring additional staff to supplement a permanent workforce, such as a hotel hiring extra housekeeping staff for a summer influx of guests.
- Intermittent: Occasional needs without a permanent staff, like a sports venue hiring temporary workers for major events.
Seasonal vs. Peak-Load
While both needs address temporary staffing, the key difference lies in predictability and the presence of a permanent workforce. Seasonal needs are predictable and recurring, whereas peak-load needs do not have to be predictable but must demonstrate the requirement for additional workers alongside a permanent staff. H-2B employers must prove that there are not enough U.S. workers, who are able, willing, qualified, and available to perform the temporary work needed. In addition, the employment of H-2B workers must not adversely affect the wages and working condition of similarly employed U.S. workers. In addition, U.S. employer must comply with worker protections required for participation in the H-2B program.
The Importance of H-2B Visas
H-2B visas are crucial for employers experiencing fluctuating labor demands. Unlike other nonimmigrant visa categories, H-2B visas do not require foreign nationals to hold professional degrees or specific levels of education or experience. This flexibility makes H-2B visas an excellent solution for filling labor shortages in the hospitality industry, where the requirements for roles like housekeeping, front desk, and maintenance staff can vary significantly.
Eligibility and Limitations
Employers must ensure their potential H-2B workers are from eligible countries listed by the U.S. Department of Homeland Security (DHS). The employment period must be temporary, generally not exceeding twelve months unless for a one-time occurrence. H-2B status may be extended for qualifying employment for up to 1 year. A new, valid temporary labor certification covering the requested extended time must accompany each extension request. The maximum period of stay in H-2B classification is 3 years. Period of stay outside of the U.S. can interrupt the 3 year cap. Employers are also required to pay at least the prevailing wage rate for the position and treat H-2B workers similarly to U.S. workers in equivalent positions.
Annual Cap, Supplemental Visas, and Exemptions
The H-2B visa program is capped at 66,000 visas annually, split evenly across the fiscal year. However, additional visas are sometimes allocated for workers from the Northern Triangle (e.g., El Salvador, Guatemala, Honduras) or Haiti, for example. These supplemental visas provide a critical opportunity for employers who miss the primary lottery. In addition, normally H-2B nonimmigrants, who extend their stay, change employers, or change the terms and conditions of employment are not be subject to the cap. H-2B workers, who have previously been counted against the cap in the same fiscal year that the proposed employment begins, are also not subject to the cap if the employer names them on the I-129 petition and indicates that they have already been counted against the H-2B cap. Â
Tips for Pursuing H-2B Visas
- Engage an Experienced Immigration Attorney: Navigating the H-2B process involves dealing with multiple government agencies, including the Department of Labor (DOL), USCIS, and the Department of State. Starting well in advance and working with an experienced attorney can help manage the complexities and timing.
- Early Identification of Needs: Clearly identify and document your staffing needs early. Determine whether your need is seasonal, peak-load, one-time, or intermittent, and gather the necessary evidence to support your case.
- Recruitment and Logistics: Decide where you will recruit your H-2B workers, potentially using recruiting agencies. Plan for housing and other logistical support for foreign workers, such as securing block room rates for accommodation. Consider the choice of any recruiting agent or vendor with great scrutiny.
- Understand Eligibility and Exemptions: Familiarize yourself with the eligibility criteria and exemptions, such as cap exemptions for returning H-2B workers and workers from the Northern Triangle among others.
Supplemental H-2B Visas
USCIS often announces additional H-2B visas for U.S. businesses facing severe financial loss due to labor shortages. These supplemental visas are typically limited to returning H-2B workers and specific country nationals. Employers who missed the initial H-2B lottery should act swiftly to apply for these visas. Collaborating with an H-2B recruiter can be highly beneficial, as they can help find qualified foreign workers who meet your specific needs. Understanding the filing dates and allocation rules is crucial to maximize an employer’s chances of securing the needed temporary workforce.
Conclusion
The H-2B visa program offers a valuable lifeline for the hospitality industry facing seasonal labor shortages. By understanding the various needs, eligibility requirements, and strategic use of supplemental visas, hotels can effectively navigate the H-2B process. Engaging experienced legal counsel, planning early, and thoroughly documenting staffing needs are key steps to leveraging H-2B visas as a staffing solution. As labor shortages persist, the H-2B visa program remains a crucial tool for maintaining operational efficiency and meeting guest expectations in the ever-demanding hospitality sector.
 See https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/H2B-eng.pdf and https://www.whitehouse.gov/wp-content/uploads/2023/10/Final-H-2B-Worker-Protection-Taskforce-Report.pdf .
