Restaurants often have difficulty finding workers who are qualified to work in the US. The US does not have specific visa categories targeted at workers in the restaurant industry, but there are several ways for restaurants to sponsor workers. Restauranteurs seeking to sponsor themselves for a US visa may wish to start by reading the article “Green Card Options for Entrepreneurs.”
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EB-3 Green Card
EB-3 status allows a worker to remain in the US indefinitely and eventually apply for citizenship, but it is a very costly and time-consuming status to obtain.
First, the employer must apply to the U.S. Department of Labor to obtain an approved minimum wage for the position; then they must advertise the position and interview any local applicants. These first two steps take several months to complete. If these processes are completed and no suitable candidate has been found, it is then possible to sponsor an individual for EB-3 status. However, processing typically takes more than a year, and may take many years depending upon the applicant’s nationality and backlogs at USCIS. Therefore, for most employers, EB-3 status is only a practical option for workers who are already in the US with another type of visa or legal status, such as those described below.
E-2 Treaty Investor Visa
Investors from many countries are able to obtain an E-2 treaty investor visa by making an investment in a US business. This visa type may also be used to sponsor managerial employees from the same country as the investor. Co-owners may each qualify for a visa and may be able to sponsor additional managers. E-2 visas are typically issued for two-year terms and can be renewed indefinitely.
One significant drawback to E-2 visas is that they are limited to nationals of certain countries. While nationals of most developed countries qualify for E-2 visas, nationals of many large developing countries such as mainland China, India, Brazil, and Mexico do not.
Short-Term Trainee Visas
A number of organizations place recent graduates with restaurants for training contracts of up to one year. Trainees under these programs are able to work in the US under a J-1 visa.
Some restaurants may also be able to take advantage of the Q-1 visa, popularly known as the “Disney visa” or “Epcot visa” due to its extensive use by the Epcot resort at Walt Disney World. This visa is for employers that offer “cultural exchange” opportunities to the public. It has a maximum duration of 15 months.
The major drawback to these visas is that they generally cannot be extended, and there are also restrictions on the type of work that can be performed in light of the purposes of the visas.
H-2B Temporary Worker Visa
Restaurants that have temporary labor needs can use the H-2B visa program. The classic example is restaurants in resort areas, which need additional workers for only a few months during the year to meet seasonal demand. H-2B visas can be obtained for seasonal worker needs of up to 10 months per year, intermittent or peakload worker needs of up to one year, or one-time worker needs of up to three years. In each case, the worker’s contract term must match the temporary need as explained by the employer, and there are restrictions designed to ensure that the needs as explained by the employer are “bona fide.”
H-2B visas are limited to nationals of certain countries. Most developed countries and most Latin American countries are eligible, but many developing countries in Asia and Africa (including mainland China and India) are not eligible.
H-2B visas are also capped at 66,000 visas per year (33,000 every six months), meaning that there is sometimes a “waiting list” for visas. However, H-2B visa holders can change jobs and extend their stay without being counted against the cap.
O-1 Extraordinary Ability Visa
A renowned chef or other culinary artist may qualify for an O-1 visa on the basis of their “extraordinary ability,” which requires a showing that they are at the top of their field based on media coverage, awards, and other reliable third-party sources. O-1 visas are usually granted for two-year terms and can be renewed indefinitely, making them an attractive option for those who qualify.
P-3 Entertainer Visa
Culinary artists who can be characterized as culturally unique entertainers may be able to obtain a special visa to perform in the United States. Although this visa type is primarily intended for performing artists such as musicians, it is technically available to any type of artist or entertainer participating in a “culturally unique” program; the standards for this are largely at USCIS discretion.