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Ask the Expert:
Seasonal Staffing Discussion with a Focus on H-2B and J-1 Visas by KEITH PABIAN
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eith Pabian is an attorney who specializes in representing restaurants, hotels and other hospitality organizations in Florida and throughout the country regarding the sponsoring of staff members for visas and permanent residency. Below, Keith answers some common questions he receives from hospitality organizations thinking about employing international workers.
Q: Can you describe the advantage of utilizing international workers? A: The biggest advantage is the ability to find workers willing and excited to perform crucial jobs at your organization. Staffing is one of — if not the — largest crises facing the hospitality industry. Employing international workers can help solve this problem. In addition, it can add culture to your organization that guests and colleagues often enjoy. Q: Can you describe the challenges in utilizing international workers? A: While international workers can solve staffing challenges, there are also some things to be aware of if you go this route. First, you need to make sure that you leave time to go through the application and international staffing process. These processes can take up to six months (H-2B visas), so you need to plan and think ahead. Those that employ international workers are also agreeing to several legal obligations under U.S. immigration laws. It is important to know your organization’s legal requirements and ensure that you are meeting them at all times prior to, during and after the workers’ employment. Q: Please explain the two types of visas available to the hospitality industry. A: The two visas primarily used in the hospitality industry are the H-2B and J-1 visas. The H-2B visa was created to allow seasonal organizations to employ workers in roles for up to 10 months of the year. It is a great visa to staff many roles at Florida’s hospitality FRL A .org
organizations. The process goes through the employer, so this is a financial and workflow undertaking for the petitioning organization. The other visa is the J-1 visa. This visa was created to allow recent graduates to come to the U.S. to further their learning in their fields of study. The two sub-types of J-1 visas that we see in the hospitality visa is the intern visa (available for up to 18 months with job rotations mandated about every 3 months) or the summer work and travel visa (available for up to 4 months).
Q: What is the timeline to keep in mind when determining if international workers could benefit your business? A: I highly recommend analyzing your staffing needs about 6 months in advance of when you need workers. This will allow you to apply for H-2B and/or J-1 visa while not missing any deadlines. Q: What types of businesses could benefit from using these workers? A: Any business! In today’s world where staffing all jobs seems just about impossible, international workers could provide a lifeline to workers willing and able to work at your organization. Keith Pabian is an immigration attorney with a national practice focused on the hospitality industry. He is also the CEO and co-founder of Seasonal Connect (SeasonalConnect.com), a software platform that was created for the hospitality industry to solve its biggest staffing and operational struggles. He can be reached at (617) 939-9444 or keith@pabianlaw.com. This article was prepared for educational purposes only. FLORIDA RESTAUR ANT & LOD GING
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