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lift operators, and therefore the issue of travel reimburse- in-country transfer petitions. This service not only has
ment for more local American workers in the same role is allowed ski areas to cut down on costly travel fees, but also
not as problematic. on recruiter costs as well.
Finally, many ski areas are considering what we call
“in-country transfers” for H-2B visas, and this can dra- EMPLOYEE HOUSING
matically lessen the travel costs for H-2B visa workers. One of the key upsides with H-2B visa workers is that
There are two options for bringing H-2B workers to your employers are not required to provide employee hous-
organization. The first is to have the workers come from ing to H-2B workers. However, if you can assist in arrang-
outside the country and obtain their visas at a US con- ing or locating options for housing, this greatly improves
sulate or embassy abroad (after you go through the ini- overall success, both with H-2B visa workers and J-1
tial four-month petition process). The second option is visas. Furthermore, if you do provide housing, employ-
to have the H-2B visa worker transfer to your organiza- ers can charge up to the fair market value of the housing
tion from an opposite-season business, such as an amuse- to the H-2B visa workers. The only exception to this rule
ment park, landscaping company, golf course, or beach is when state housing laws limit how much you can charge
resort (again, this would be after you go through the peti- employees for employee housing, which is in fact regu-
tion process). lated in certain states, including Vermont, New York, and
For example, a ski area in Vermont could petition to Massachusetts.
have its H-2B workers come to it from a New England On the practical side, while you do not need to pro-
summer-season lake resort. This significantly cuts down vide housing, one of the first questions you will receive
on travel costs as you may be able to entirely avoid pay- from prospective H-2B visa workers is where they will live
ing for airfare to transport the H-2B workers to your ski and how they will get to work. As long as you can out-
resort at the start of the season. A tool that our immigrant line housing options in your area, this shouldn’t be an
practice has given our ski area clients is to connect them issue; however, if you’re in an affluent area with limited
with our summer-season clients, free-of-charge, to facilitate reasonably-priced housing, this becomes yet another fac-
tor in the overall calculus on whether to embrace foreign
guest workers.

GUARANTEED HOURS
When the DOL updated H-2B visa regulations in 2015,
one of the most impactful and contested chances was
increasing the mandatory minimum “guaranteed” hours
from 32 hours to 35 hours per week. In other words,
employers have to guarantee a minimum of 35 hours, even
if the H-2B worker is not needed for all those hours (due to
weather challenges, for example), which can pose issues for
some ski areas for specific positions.
OPEN YOUR DOORS TO THE WORLD If not for the 35-hour requirement, more mountains
would likely apply for ski instructors under the H-2B visa
program. However, due to this minimum-hour guarantee,
Welcome international students to your ski areas often turn to positions where hours are more sta-
ble, such as F&B roles, lodging positions, and lift oper-
community. Whether you are hiring one student ators. If your ski area wants to pursue H-2B visas for ski
or 100, CIEE Work & Travel USA can help you instructors, one best practice may be to petition for a
screen, recruit, and hire international seasonal shorter season so that the foreign instructors are only work-
staff for your business. ing when your resort is truly busy and can satisfy the
35-hours-per-week guarantee.
Furthermore, as a relief to ski areas and other weath-
er-dependent businesses, the DOL recognizes a partial
ciee.org/winterhire
exception to the 35-hour guarantee in the form of the
“three-quarters” rule. Under this rule, the government

26 | NSAA JOURNAL | CONVENTION 2018