Immigration Legal Issues for Restaurant Startups

The United States has been called a "melting pot." Nowhere is that more evident than when dining out. For example, at a restaurant in North Carolina, recently, I heard several different foreign languages spoken among the staff. I have found that even visiting a local fast-food restaurant often leaves a feeling of just having taken a day trip south of the border.

We are citizens of a highly developed and multicultural nation. Each year, far more folks try to get into our country than leave. It is impossible to ignore that every facet of our economy deals with foreign national labor -- especially the restaurant industry.

The statistics support our observations. More than 14 percent of our labor force is foreign-born. Foreign labor helped alleviate labor shortages during much of the 1990s. At least in the foodservice sector, this phenomenon will continue. Recent U.S. Department of Labor data from the Quarterly Census of Employment and Wages program indicates that the accommodation and foodservice industry makes up 8 percent of all employment within the United States and employment projections indicate that leisure and hospitality employment will increase 17.8 percent over the 2002-12 period (while total employment for all industry sectors is projected to increase 14.8 percent).

As a restaurant owner, you will inevitably encounter foreign labor. As discussed in the article "Bridging Cultures," there are cultural challenges to accommodating foreign employees. There are legal issues that you need to heed, in regard to hiring foreign labor. As a restaurateur, the two major issues you need to consider are:

1. Verifying employment eligibility.
2. Sponsorship of a foreign national worker if he/she does not already have employment authorization.

In this article, we'll examine both issues so that you are not caught flat-footed by the laws in your effort either to keep your house well staffed or to bring in talent from other countries to support your concept or menu. Like many areas of the law, United States immigration regulations and procedures can be complex. The value of this article is to give you an appreciation of the legal basics, so that you will not be unwittingly penalized by underestimating or short-circuiting the process. It will also advise you when you need to turn over matters to a qualified immigration attorney.