USA Restaurant Crew Jobs Your Step-by-Step H-2B
Most of the time, foreign nationals find employment in the Hospitality Industry in the United States, both in the high-volume QSR (Quick Service Restaurant) Chains and Seasonal Hospitality venues, as a Restaurant Crew Member position, either as a Kitchen Staff / Cook, Server / Waiter, or Food Preparer / Line Cook.2 The H-2B Visa program, which is highly competitive, is the main tool foreign nationals can use to find employment in the industry.
The Visa Reality Check – The Only Way H-2B.
The H-2B is Non-Agricultural Seasonal Work as compared to skilled visas and is created to meet temporary labor shortages, hence the reason why the visa is the preferred choice in filling jobs such as Busser / Dishwasher and Food Runner during the peak of the tourist seasons.
The H-2B Visa Requirements
To be a Visa Sponsorship / Petitioner, an employer must meet stringent requirements of the USCIS (U.S. Citizenship and Immigration Services) and the DOL (Department of Labor):
- Temporary Need: The employment must be provable temporary-seasonal, intermittent or because of a Seasonal/Peak Load Need.5 The majority of Fast Food Restaurants (and their franchises) rely on this where it is a busy tourist season (summer or winter).
- No U.S. Workers: The employer has to establish that he/she has been unsuccessful in the recruitment of qualified, willing and available U.S. workers.
- Prevailing Wage Determination: The employer is required to make an obligation to pay the H-2B worker and all other workers who are similarly employed a wage that complies with or exceeds the Prevailing Wage Determination by the occupation and location. This salary is relatively much larger than the federal minimum wage.
The H-2B Cap Challenge
- The Congress restricts the quantity of H-2B visas issued per Fiscal Year by the H-2B Cap of 66,000 divided by 2 halves of the year: first (Oct 1–Mar 31) and second (Apr 1–Sep 30).
- This cap forms a Visa Lottery (or a filing lottery) and competition is tough, since the demand is way higher than the numbers available.
- Additional visas were included as the supplementary visas in Fiscal Year (FY) 2025, and these may be reserved to returning workers or as a country national, yet the competition is intense.
The Step-by-Step Guide to the Visa of the applicant
The real visa procedure of the Restaurant Crew Member starts with the actual application after the approval of your sponsoring employer (the Petitioner).12
Complete the DS-160 Form
- Complete the DS-160 Form (Online Nonimmigrant Visa Application)13 The U.S. Department of State (DOS) requires this.
- Make sure that everything is similar to your Valid Passport and employment opportunity. You will require Form I-797 Receipt Number of the approved petition of your employer.
Pay Fees and Book the Interview
- Is the Visa Fee Payment (non ref) payment.
- Arrange the necessary Consular Interview in the closest US Embassy / Consulate in your country of residence.16 You also will arrange your Biometrics Collection appointment (fingerprints and photo).
Compile the Necessary Documentation
Get ready a full packet of papers to your interview. This typically includes:
- Valid Passport (should have at least six months left till your stay).
- DS-160 confirmation page.
- Form I-797 (Notice of Action) copy.
- Evidence of Foreign Residence:Because the H-2B is a Nonimmigrant Visa, you will have to evidence that you are tied to your home country (ownership of home, family or even employment contract back home) to prove that you are going back home once the job is over.
- Criminal Record Certificate (where you need it at your consulate).
Appear in the Consular Interview
- This is the last and very important step. The consular will ascertain your eligibility.
- You can be ready to explain straight and simply that your employment is temporary and that you have a very strong association with your home country.
- You have to know how to describe the work responsibilities (e.g., as a Kitchen Staff / Cook or Server / Waiter) and the conditions of your Job Offer Acceptance.
FAQs
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Am I allowed to apply the H-2B visa within the United States?
In case you are already legally in the U.S. your employer can ask your employer to file a “Change of Status” using Form I-129.23; however, when you are outside the U.S., you usually go through consular processing at the US Embassy/Consulate.
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What is the risk of the H-2B Cap?
Due to the fact that the annual limit is reached very fast, the employers sometimes have to submit their petitions on the day when the filing begins. When your employer fails the cap, your visa application is frozen until the following filing period independent of how good the job is.
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What are the sponsoring major chains of such roles?
Large chains such as McDonalds, Taco Bell or Wendy are not widely involved in the industry, but franchisors or local operators (particularly in resort towns or other tourist spots with high Seasonal/Peak Load Need) are the ones who do the sponsoring.
Final Thoughts
Obtaining a USA Restaurant Crew Job with a visa sponsorship is a time-sensitive competitive procedure, which is fully reliant on the capacity of the employer to navigate the regulations of DOL and USCIS. The best option you should have is to find employers who are familiar with the H-2B program and be willing to file your own visa as soon as your employer gives their approval.
Disclosure
This employment detail is disseminated to offer educational and informational support. The H-2B Visa program, the annual H-2B Cap, rules by the DOL and the USCIS, Prevailing Wage Determination, and the list of eligible countries are all prone to constant changes by the U.S. government. Before applying, please confirm everything, fee payment options and necessary documentations with the official government websites of the U.S. Department of State (Travel.gov) and the USCIS websites or contact a qualified U.S immigration attorney.