|
|
The Trusted Source for Hospitality Immigration Law Solutions
|
May 2008, Vol. 1, Issue 1 | |
|
NEWS & PRESENTATIONS |
» Jerry Grzeca has been nominated for AILA's Board of Governors. Voting begins May 16, 2008.
» Associate Attorney Carrie Ziegler joins Grzeca Law Group.
» Jerry Grzeca discusses the H-1B crisis on Wisconsin Public Radio. Listen: April 7, 2008 | April 17, 2008 (requires RealPlayer).
» JUNE 25-28, 2008 - Vancouver, Canada AILA Annual Conference. Discussion Leader. Topic: Complex L-1 Issues.
|
|
DID YOU KNOW... |
To qualify for an L-1A classification, hospitality managers must fall under one of two different categories - "departmental" or "functional." So what's the difference?
Departmental managers are those individuals who oversee one or more managerial or supervisory employees. These managers oversee the day-to-day or all of the operations of their respective departments (such as culinary, housekeeping, guest service, accounting, or sales).
Managers who don't oversee any other managerial or supervisory employees may qualify as functional managers. These individuals are the senior-most managers in charge of an essential function of the company's operations (such as a particular market, shift, product line, or administrative duty). It is important to note that functional managers must also oversee other employees who perform the exact duty, either directly or indirectly.
| |
INCREASED ENFORCEMENT FOR HOSPITALITY COMPANIES
Over 100 Arrested after Crack Downs at a Restaurant Chain and Luxury Resort
Federal investigators arrested 104 undocumented workers and at least 11 hiring managers after immigration raids at a restaurant chain and high-end resort that each occurred within an eight day span in April. Find out more about these investigations and how federal agents are cracking down on employers. Read »
MAKE THE MOST OF YOUR SEASONAL WORKERS Two Hot Visa Options for Your Summertime Employment Needs
Recruit talented foreign workers to fill your hospitality company's seasonal needs with the J-1 and H-2B visa options. Find out more about these visa options and read our tips for success. Read »
RECRUITING THE BEST AND THE BRIGHTEST
 O-1 Classification for Top Executives and Chefs Hotel employers looking to recruit top-level executives or specialty chefs who do not have the experience necessary to qualify for an L-1A classification should consider the O-1 classification. Find out who qualifies for this classification and how we've had success obtaining O-1's for hotel companies. Read »
HOSPITALITY PRACTICE TIPS
Amending an L-1A Classification: When is it appropriate?
It is no secret that employees in the hospitality industry frequently change locations, job duties, and positions. For those who are working in the U.S. pursuant to an L-1A classification, these changes in employment could require an "amendment" to their L-1A. Employers should know when an amendment is necessary and what steps should be taken. Read »
| |
| Over 100 Arrested after Crack Downs at a Restaurant Chain and Luxury Resort
Federal investigators arrested 104 undocumented workers and at least 11 hiring managers after immigration raids at a restaurant chain and high-end resort that each occurred within an eight day span in April. The crackdowns come as Immigration and Customs Enforcement (ICE) officials are dramatically increasing the pursuit of unauthorized workers and employers violating immigration laws.
The investigation at the Lansdowne Resort in Leesburg, Virginia was initiated in July 2007 when ICE officials discovered inconsistencies in the resort's I-9 employment verification forms. After months of interviews and analysis, 59 men and women from El Salvador, Guatemala, Mexico, Honduras, Bolivia, Peru and Argentina were arrested on April 8, 2008. The employees were maids, dishwashers, cooks and other service workers. The investigation is still ongoing as possible charges for the resort's management are being determined.
Just days after the raid in Virginia, ICE officials arrested 45 illegal workers and 11 managers and owners at a chain of Mexican restaurants in New York, Pennsylvania, West Virginia, and Ohio. The managers and owners were charged with conspiracy to harbor illegal aliens, primarily undocumented Mexican nationals, who were smuggled in the country to fill jobs at the seven locations. The investigation began in May 2006 when local police outside of Buffalo, NY informed federal agents of possible questionable hiring practices.
"Whether the violator is a multinational corporation or a small business, ICE is aggressively targeting employers who use illegal alien workers to gain an unfair business advantage and take jobs away from legal workers," said Julie L. Myers, ICE Assistant Secretary. "Employers who exploit illegal alien labor to reap greater profits for themselves can expect to pay a high price for greed."
Grzeca Law Group has assisted hospitality companies with completing and maintaining fully compliant I-9 forms as well as informing employers of their rights in the event of an ICE raid. Please contact our office for more information.
|
Two Hot Options for Your Summertime Employment Needs
Summer is upon us and for many hospitality companies that means filling critical employment needs. While recruiting the right workers is no simple task, we've got the scoop on two visa options that can help you expand your search for talented seasonal employees.
H-2B Visa Category
The H-2B visa category is a useful category for the hospitality industry as it allows companies to temporarily employ foreign nationals in positions for which there is a temporary need and for which qualified U.S. workers are unavailable. There are three main criteria for the H-2B Visa category:
- The company must have a temporary need for the foreign national employee, typically no more than a ten month period;
- The employee must possess the skills require to perform the job; and,
- The company must demonstrate that no U.S. workers are qualified and available for the job, and that the job offers the prevailing wages and conditions for the position.
H-2B workers are found in seasonal and peak-load positions for organizations such as hotels, resorts, cruise ships, golf courses, water parks, restaurants and bars. They typically perform a wide range of activities such as housekeeping, maintenance, landscaping, and food service.
If you think your organization could benefit from H-2B workers, it is important to plan early. Like other visas, there is a cap on the number of H-2B visas available per year. 33,000 of 66,000 total visas are released on October 1 and another 33,000 are released on April 1. Since these visas are in high demand, please note the following tips for success:
- A petition can only be filed 120 days prior to the anticipated start date;
- If appropriate, the peak season should begin around the time visa numbers are released (October 1 or April 1) in an attempt to increase the chances of obtaining the needed visa numbers;
- Individuals already in U.S. pursuant to a valid H-2B classification are not subject to the H-2B cap;
- Related organizations could share H-2B seasons and rotate the H-2B employees on a yearly basis to coincide with each organization's season to avoid issues with limited visa availability; and,
- Proper planning could allow H-2B employees to remain in U.S. for a total of three years at a time.
We would be happy to guide you through this process. Grzeca Law Group frequently assists hospitality companies with H-2B programs. Also, Jerry Grzeca recently spoke about H-2B legislation and filing tips during a presentation at the American Immigration Lawyers Association (AILA) conference in Kohala Coast, Hawaii. Please contact our office for more information and to see if pursuing an H-2B Visa may be right for your organization. J-1 Summer/Work Travel Program The four-month Summer Work/Travel program provides foreign
undergraduate students the opportunity to work and travel in the United
States during their summer vacations and gain a first-hand
understanding of U.S. culture, institutions, and the American
perspective on a variety of issues.
Eligible program participants must be bona fide post-secondary
students actively pursuing a degree or a full-time course of
study at an accredited educational institution and registered for a
full-time course load for the semester following their participation in
a summer work/travel program. In addition, prospective exchange
visitors must possess sufficient proficiency in the English language to
participate in the Summer Work/Travel programs.
Program participants may be employed in a variety of positions in
the U.S. and must be compensated as similarly situated U.S. workers would be.
A similar Work/Travel program is currently available to
post-secondary students or recent graduates from Australia and New
Zealand. This is a pilot program that operates under the summer
Work/Travel regulations. However, qualifying Australian and New
Zealand citizens may work and travel in the U.S. for a period of 12,
rather than 4 months.
Sponsor Organizations designated by the U.S. Department of
State are responsible for administering the Summer Work/Travel
program. Please contact our office should you be interested in
additional information or would like a referral to a designated
Sponsoring Organization.
|
| O-1 Option for Top Executives and Chefs
Hotel employers often use the L-1A classification to bring in executives and managers to their U.S. destinations. The drawback to this classification is that it is only available for certain individuals who have been employed with the company for one continuous year abroad within the preceding three years.
The O-1 is a classification that does not require experience within the company overseas. Rather, it requires that the individual demonstrate a level of "extraordinary ability" in their field.
A hotel executive seeking to prove extraordinary ability in business must demonstrate sustained national or international acclaim and recognition for achievements in his or her field of expertise. This requires receipt of a major, internationally recognized award such as the Nobel Prize, or achievement in at least three of eight other categories, such as receipt of nationally or other internationally recognized prizes or awards; published material in professional or major trade publications or major media about the individual; business-related contributions of major significance in the field; employment in a critical or essential capacity for organizations with a distinguished reputation; or a high salary.
A chef seeking to prove distinction in the culinary arts must be recognized as being prominent in his or her field as demonstrated by at least three of six categories: national or international recognition of achievements; performance of a lead or critical role for establishments with a distinguished reputation; a record of critically acclaimed successes in occupational achievements; significant recognition for achievements from organizations, critics, or other recognized experts in the field; or a high salary.
While the "extraordinary ability" standard is difficult to meet, it provides another option for employers to attract top hotel executives and specialty chefs to their operations. In addition, there is no limit on the period of stay in the U.S. for individuals in O-1 Classification! At Grzeca Law Group, we have had success when pursuing O-1 visas for foreign nationals in the hospitality industry.
O-1 Visa Success Story
When an international hotel company recently contacted Grzeca Law Group about hiring an exceptionally well-qualified foreign worker as their new Regional Vice President in the U.S., the available visa options appeared limited. The prospective employee did not possess the requisite experience abroad with the company in order to qualify for an L-1 classification, and an H-1B classification would not be available for another year. However, due to the individual's achievements in the field and appearances in various published material, it appeared that an O-1 classification would be attainable.
Grzeca Law Group prepared a petition and supporting documentation that demonstrated the individual's extraordinary ability in the field of hotel management. The petition was filed with U.S. Citizenship and Immigration Services along with a Premium Processing Request. Within 10 days of filing, the petition was approved and the individual was able to apply for their O visa and travel to the U.S. to begin their employment.
For more information on obtaining an O-1 classification for your top-level executive or specialty chef recruits, contact our office today.
|
|
Grzeca Law Group, SC is an AV-rated law firm dedicated to providing superior professional service to the international business community by advising corporate clients on all aspects of employment-related immigration law.
Immigration Update has been prepared by Grzeca Law Group, S.C. for informational purposes and does not constitute legal advice. This information is not intended to create, and receipt of it does not consitute, lawyer-client relationship. Readers should not act upon this information without seeking advice from professional advisors. | |
|
|
|
