STAFFING. HIRING. TURNOVER. OVERTIME. CONTRACT LABOR. These six words have become the focal point of my conversations with clubs across the country. All of us in the H-2B industry seem to be struggling with the same issues of adequately staffing your clubs to ensure that you are able to meet the expectations of your members. What once used to be a conversation that I only had with clubs from seasonal locations is now the same that I have with clubs, big and small, from all 50 states, from those on islands to clubs in cities and suburbs. No one can find staff!
As an immigration lawyer that focuses so much of my time and energy on H-2B visa petitions for private clubs, I have a front row seat to the staffing challenges that clubs face. But this struggle is not just limited to clubs. Rather, restaurants, hotels, resorts and so many others face the same challenges. This brings about even greater problems for clubs, many of which do not tip, and are fighting to hire the same workers in a very limited hiring market.
This issue of the National Club Association’s (NCA’s) Club Director magazine emphasizes government relations. For clubs across the country, NCA’s legislative work is integral to ensuring that clubs are able to operate smoothly and efficiently. H-2B visas are certainly a major component of the NCA’s legislative efforts.
As a quick primer, H-2B seasonal visas are work visas that allow clubs to employ foreign nationals in positions that they are unable to fill with U.S. workers (e.g., servers, cooks, dishwashers, housekeepers). Clubs file for H-2B visas for the months that they are most busy.
In dialogues with NCA Vice President of Government Relations Joe Trauger, Congressional members and lobbyists, visas for private clubs are a minefield to navigate—especially when it comes to changes and potential reform. On the J-1 visa front, there has been much abuse of J-1 visas by several industries, leading the Trump Administration to put forth potential changes to the program. On the H-2B visa side, there seems to be an understanding that more H-2B visas are needed (by law, only 66,000 H-2B visas are issued annually). However, there are Republicans and Democrats that are both for and against change. In other words, it is a bipartisan issue, but within the parties, there are arguments as to whether to add H-2B visas.
While a club would much prefer to spend resources on capital improvements, wages, etc., clubs continue to spend time finding foreign nationals to fill jobs because they cannot find people willing and able to perform the jobs—especially to the standards that members expect. Therefore, seasonal visas—and especially H-2B visas that were created to fill vacant jobs—are a mainstay at many clubs already and are likely to be introduced at more clubs in the near future.
I think that H-2B visas will continue to be prevalent in the club industry, even when a recession ultimately happens. It seems as though the dearth of workers in the hospitality industry is not entirely tied to unemployment. Rather, people seem to want other jobs. As recently as five years ago, most clubs that filed for H-2B visas were in seasonal locations such as New England, the mountains of the Carolinas, Florida and parts of the Midwest. Now, we are seeing clubs in metropolitan and suburban locations, as well as clubs that do not fully see themselves as seasonal, file for H-2B visas. Additionally, clubs in Arizona are filing for H-2B visas in large numbers with a season that resembles the one in south Florida.
Without doubt, H-2B visas are necessary for some clubs to properly staff. Without them, many clubs would be unable to function. It is therefore imperative that organizations like the National Club Association continue to reach out to Congressional members to ensure that H-2B visas continue to be a staffing resource going forward and hopefully one that has more numbers available to properly meet the growing need and demand of clubs across the country.
Keith A. Pabian, Esq., is an immigration attorney at Pabian Law, LLC, an immigration law firm that represents companies and organizations in New England and across the United States. He is an NCA director and serves on the Government Relations Committee. He can be reached at [email protected] or 617-939-9444.
