Employers

First and foremost, while the EB-3 program is a viable hiring option for an increasing number of U.S. organizations, it is not the answer for companies looking for a quick fix to filling unskilled jobs. The process can be a lengthy one, taking months and in some cases years from employee recruitment to start date – with an average timeline of at least 13-18 months. The program is intended for companies across a range of market sectors that are looking to make a long-term investment in their employees’ future – and in fact many employees who start at entry-level jobs work their way up within their hiring companies. Many companies are uncomfortable with the government making what some consider to be intrusive requests for tax records and other documents needed to validate their status and facilitate the EB-3 process. It can sometimes feel like the government is conducting an audit – though the end result is considered well worth it by an increasing number of organizations, especially in today’s extremely tight labor market. Before starting down the EB-3 path, organizations are also required to test the labor market by twice placing local ads in the Sunday newspaper in order to show they are unable to hire U.S. citizens. Working with their states’ job boards, the goal is to ensure there are no American citizens who are willing and able to fill the available positions before they can bring on foreign nationals. Hiring organizations must pay the cost of these ads. Immigration services agencies like Alpha Global can help by finding potential workers, relieving the pressure of having to dedicate personnel and funds to finding foreign workers. Agencies bring an unmatched set of expertise to the table as it brings legal, business development, global mobility, and client services teams together to help at every step. The agency does the legwork with filings/tracking for the employer/employee, allowing sponsors to skip paying additional legal teams. How does Alpha Global Help? Business Development: Our Business Development team helps employers understand the process and how this program can help them. If sponsors invest just one hour in researching EB-3 unskilled visas, it sets a solid foundation for a smooth process. Global Mobility: Our global mobility team works to handle a wide range of filings efficiently and accurately. They will manage the Labor Certification process and help coordinate throughout the USCIS side of the process. Client Services: Our Client Services team works as the intermediary between sponsor and employee to onboard Alpha Global Biz sourced employees and resolve any work-related issues. Client Services helps employees to get a social security card, access a DMV, figure out transportation to/from work, put kids in schools, etc.

Navigating Trump’s 2025 Immigration Executive Orders: Implications for U.S.Employers of Foreign Nationals ‍ In January, President Donald Trump enacted a series of executive orders aimed at strengthening border security and intensifying the enforcement of existing immigration laws. These directives primarily target undocumented immigration, with measures such as enhanced border fortifications and increased deportation efforts. Aside from temporarily halting refugee resettlement and weighing potential travel bans for specific countries, the administration has not introduced significant changes to legal immigration pathways. In his first appearance from the Oval Office following his inauguration, President Trump emphasized his stance by stating, “I’m fine with legal immigration. I like it. We need people, and I’m absolutely fine with it. We want to have it.” However, while these policies are designed to curb unauthorized immigration, they may inadvertently affect U.S. employers who legally hire and sponsor foreign nationals as well. Given these developments, it is crucial for businesses to understand the evolving immigration landscape, assess how these changes could influence their staffing strategies, and implement proactive measures that ensure compliance and minimize disruptions. ‍ Enhanced Visa Application Vetting and Scrutiny EO 13769: Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats One of the key executive orders, titled “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats,” aims to strengthen national security by mandating enhanced vetting and screening processes for foreign nationals seeking admission or residing in the U.S., particularly from high-risk countries. It requires a comprehensive review of immigration policies, visa programs, and safeguards to prevent potential threats, with measures to suspend admissions from countries with deficient vetting. ‍ Impacts for Employers: Extended Visa Appointment Wait Times: Employers may encounter prolonged delays in scheduling visa appointments due to increased security measures and potential backlogs. Administrative Processing Delays: The intensified screening protocols could lead to lengthier administrative processing times, particularly for immigrant visas, delaying visa issuances. Increased Requests for Evidence (RFEs): The inter-agency collaboration mandated by the order may result in a higher frequency of RFEs and potential denials for petitions filed with U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection. ‍ Increased Workplace Audits and Inspections EO 14159: Protecting the American People Against Invasion This directive seeks to comprehensively enforce U.S. immigration laws by prioritizing the removal of inadmissible and removable foreign nationals, especially those deemed threats to national safety and security. Key provisions include imposing penalties on individuals unlawfully present or those facilitating illegal entry and directing federal agencies to focus on prosecuting immigration-related offenses. ‍ Impacts for Employers: Heightened I-9 Audits: Homeland Security Investigations (HSI) is expected to increase audits of employers’ I-9 forms, which verify the identity and employment authorization of individuals hired in the U.S. These audits may be accompanied by subpoenas, requiring employers to produce records within a three-day period, even in the absence of suspected unauthorized workers. Stricter Penalties for Non-Compliance: The executive order emphasizes imposing penalties on those unlawfully present or facilitating illegal entry. Employers found in violation of immigration laws may face increased fines and legal consequences. Increased Workplace Inspections: There may be a rise in unannounced inspections by immigration authorities. Employers should be prepared for potential site visits and reviews of their hiring practices. ‍ Government Delays, Disruptions, and Staffing Challenges Beyond the direct implications of recent executive orders, U.S. employers hiring foreign nationals may face additional challenges stemming from broader administrative changes. Notably, the federal hiring freeze and the mandate for federal employees to return to the office could temporarily exacerbate existing processing delays within key agencies. The federal hiring freeze, implemented to control government spending, may lead to understaffing at agencies such as U.S. Citizenship and Immigration Services (USCIS) and the Department of State. Additionally, the executive order mandating a return to the office for federal employees may impact workforce stability. Historically, these agencies have encountered processing delays, and reduced staffing levels could further prolong visa and immigration petition adjudications. ‍ How Employers Can Prepare As policies shift under the new executive orders and presidential administration, U.S. employers hiring foreign nationals must take proactive steps to ensure compliance and minimize disruptions. By implementing strategic measures now, employers can safeguard their workforce and continue to meet staffing demands effectively. Here’s how businesses can prepare: Anticipate Processing Delays: Employers sponsoring foreign nationals for work visas should prepare for potential delays in petition and application processing times, as well as additional audits and requests for information and documentation, especially for immigrant visas. Organize Documentation: Compile and efficiently organize all relevant documentation and proactively prepare to respond to requests for additional evidence, particularly concerning the ability to pay prevailing wages for sponsored roles. Conduct Internal Audits: Perform internal I-9 audits and other immigration case reviews to ensure all paperwork is in order. Employee Preparedness: Advise employees to carry evidence of their legal status in the United States, either on paper or as a digital image on their phones, in case of inspections by immigration authorities. Partner with Immigration Experts: Collaborate with immigration professionals and visa workforce solutions providers to navigate these changes, ensure compliance, and secure the resources your business needs. ‍ Conclusion During this period of change, employers may feel discouraged from hiring foreign nationals and international talent seeking immigration pathways. However, it is important to remember that these policy changes are intended to curb undocumented immigration, not to disrupt or challenge employers that rely on legal immigration for staffing support. Businesses that prioritize adaptability and compliance will continue to have opportunities to strengthen their workforce. Now more than ever, engaging with experienced immigration professionals and visa workforce solutions providers is essential to help your business stay up to date on immigration laws and regulations, adapt to changes, ensure compliance and efficiency, and meet staffing demands. ‍ Need expert guidance on navigating immigration changes? Contact Alpha Global Biz today to streamline your hiring process, ensure compliance, and secure the talent you need to succeed.

Religious Accommodation: Our partner employers take religious accommodation requests seriously. However, many employers operate as a 7-days-a-week company and cannot fulfill every accommodation request because this would create a substantial burden on their business. Under American law (Title VII of the Civil Rights Act of 1964) and by the government agency that handles claims of discrimination (The Equal Employment Opportunity Commission – EEOC), employers may not discriminate based on an employee’s religion and must make reasonable accommodations when an employee’s religious beliefs conflict with workplace rules. However, employers do not have to make those accommodations if doing so would result in a substantial burden and increased cost to their business operations. “Substantial burden” is evaluated based on the nature, size, and operating cost of the business. While most of our sponsors we work with will try to accommodate work schedule requests, there is no guarantee that your employer will be able to work with your restricted schedule. We have many Seventh Day Adventist clients who observe the Sabbath from Friday evening to Saturday evening, and request to not work these days. Especially for employers that are restaurants, they cannot afford to hire employees that cannot work on their busiest days of the week. If the company would be required to pay someone overtime or a shift premium to cover an employee, this could create a substantial increased cost for the company and the company may decide to deny requests for schedule changes. For more, check out our conversation with Licensed Immigration Attorney Amanda Breen. ‍

How the H-2B Visa Solves Seasonal Staffing Challenges for Hospitality Employers ‍ Finding and retaining a reliable workforce has become one of the biggest challenges facing the hospitality industry. Hotels, resorts, restaurants, and event venues across the U.S. are struggling with labor shortages, high turnover rates, and seasonal demand fluctuations—all of which put stress on operations and impact guest satisfaction. According to a 2024 survey from the American Hotel & Lodging Association (AHLA), nearly 76% of hoteliers are facing staffing shortages, despite many reporting efforts to increase wages, expand benefits, and provide more scheduling flexibility for employees. To bridge this workforce gap, many hospitality employers are turning to international talent for support. In fact, of the 8 million hospitality workers in the U.S., about one-third are immigrants or foreign nationals. For hospitality businesses, the H-2B visa program can be particularly beneficial, offering a scalable, reliable solution for meeting peak seasonal demand and ensuring businesses have the staff needed to maintain service excellence. So, what is the H-2B visa program, how does it work, and why is it such a strong fit for the hospitality industry? Let’s dive into the details. ‍ What Is the H-2B Visa? The H-2B visa is a temporary, non-immigrant visa that allows U.S. employers to hire foreign workers for seasonal, peak-load, or one-time occurrence positions in non-agricultural industries like hospitality and construction. This program is essential for businesses that experience fluctuating labor demands where seasonal staffing shortages are common. Key characteristics of the H-2B visa include: Annual Cap: The U.S. government issues 66,000 H-2B visas each fiscal year—33,000 for positions starting October 1 to March 31, and 33,000 for positions starting April 1 to September 30. If demand exceeds the cap, visas are allocated through a lottery system. NOTE: For FY 2025, an additional 20,000 supplemental visas were approved for country-specific allocations and reserved for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica. Duration: Workers can typically stay in the U.S. for an initial period of up to ten months. Labor Market Protections: Employers must prove that no qualified U.S. workers are available for the roles and that hiring H-2B workers will not negatively impact U.S. wages or working conditions. Wage Requirements: Employers must offer prevailing wages set by the U.S. Department of Labor (DOL) to ensure fair compensation. The prevailing wage rate is the average wage paid to similarly employed workers in a specific occupation in the area where the job is located. ‍ Why the H-2B Visa Is a Good Fit for Hospitality Employers With a clear understanding of the H-2B visa and its benefits, let’s explore why it is an ideal solution for hospitality employers looking to fill staffing gaps and maintain service excellence. ‍ Addresses Seasonal Staffing Challenges The hospitality industry is uniquely dependent on seasonal labor, making workforce planning a challenge for many businesses. Whether it’s a beach resort ramping up for summer tourism or a ski lodge preparing for peak winter months, employers need a flexible staffing solution that ensures they can meet guest demand without carrying excess labor costs year-round. One of the greatest advantages of the H-2B visa program is its ability to help businesses scale their workforce up or down based on their seasonal needs. Hotels, resorts, and event venues often experience dramatic fluctuations in guest volume, making it impractical to hire full-time staff for positions that are only needed part of the year. The H-2B visa allows businesses to legally and reliably recruit temporary workers, ensuring they are adequately staffed during peak seasons without long-term employment commitments. ‍ Expands the Talent Pool The hospitality industry continues to experience significant labor shortages, with many employers struggling to find and retain domestic workers. According to the U.S. Bureau of Labor Statistics, trend data suggests the hospitality industry will see the third largest projected employment increase across all 17 major sectors (after professional services and healthcare) by 2033, and it is anticipated that 1 in every 8 jobs added to the U.S. economy in the next decade will be in the hospitality and leisure sector. However, the leisure and hospitality sector also experienced the highest employee turnover rate of any industry in early 2024, with nearly 3 million people exiting their roles in the industry between January and April alone, at a rate 204% above the national average. This indicates a persistent supply and demand issue when it comes to securing qualified talent. By hiring through the H-2B visa program, employers gain access to a broader workforce of reliable employees, often consisting of workers who return season after season. This reduces turnover rates, onboarding costs, and training expenses, helping businesses maintain continuity in their operations. Additionally, participating in a structured visa program can enhance employer branding, making it easier to attract both domestic and international talent for career opportunities. ‍ Enhances Customer Satisfaction and Operational Efficiency Understaffing leads to overworked employees, service delays, and diminished guest experiences, all of which can negatively impact customer satisfaction and business revenue. A consistent and well-trained workforce enables hospitality employers to maintain high service standards, improve employee morale, and enhance operational efficiency. Sufficient staffing levels also allow businesses to reduce overtime costs, optimize employee workloads, and ensure that guests receive top-tier hospitality experiences. ‍ Getting Started: Steps for Hospitality Employers Successfully leveraging the H-2B visa program requires careful planning and early preparation. Due to the program’s strict timelines, annual visa cap, and regulatory requirements, hospitality employers should start the process well in advance to maximize their chances of securing international talent for peak seasons. Below are key steps to ensure a smooth and efficient H-2B hiring process. ‍ Assess Workforce Needs Early The first step for hospitality employers is to identify their seasonal staffing needs and hard-to-fill roles as early as possible. This means evaluating: Peak operational periods when customer demand is expected to increase, heightening the need for talent (example: ski resorts ramping up for winter or beach resorts preparing for summer).‍ Positions with high turnover rates that historically have been difficult to fill with domestic workers.‍ The number of workers required to ensure consistent service levels. Hospitality businesses should collaborate with their legal, HR, and operations teams to determine the best strategy for incorporating H-2B workers into their workforce plan. Since the