“I own a Restaurant and want to bring a Cook here on a Visa to work for us.  What Visa is a good fit for this?”

The most common visa for temporary workers is the H-1B visa. However, this visa category is usually reserved for highly skilled professionals in specialty occupations, and it may not be suitable for a cook position, particularly if the foreign national does not have a degree in the culinary arts or the requisite years of experience in the field.  H-1B could be a fit depending on the specific position at the restaurant – head chef for example.

Another option is the H-2B visa, which is designed for non-agricultural temporary workers in positions that are seasonal, intermittent, or one-time occurrences. The H-2B visa has specific requirements, including demonstrating that there are no qualified U.S. workers available to fill the position and obtaining a temporary labor certification from the U.S. Department of Labor.

We have successfully obtained H-2B visas for many restaurants who need to hire cooks to supplement their staff during their busy seasons.  From our experience this is a great fit for restaurants who have a busy season and are looking to bring in cooks to work for them during the busy season.  Visa can be good for up to 8 months.  Once approved you can continue to take advantage of this visa program every year during the same season.

There are also other types of work visas available, such as the L-1 visa for intra-company transfers, and the O-1 visa for individuals with extraordinary ability in their field. However, these visas may not be applicable to a cook position. We would have to analyze the facts of the particular case to determine if L or O visa is a good fit.

If you have any questions on this topic or any other employment based visa petitions please do not hesitate to contact us at the Office. Thank you.