HOME  |  IMMIGRATION HELP  |  CASE STATUS  |  ATTORNEY CONSULTATION  |  FEES  |  SEARCH

 

 

Law Office of
D.Ray Mantle, pllc
Immigration Consultation
email »
  Chinese
Attorney Profile
D.Ray Mantle has devoted his legal career to immigration law. His thorough research and writing skills were relied on by Immigration Judges while he served as an Attorney Advisor in the U.S. Department of Justice, and he has advised Fortune 100 companies on complex immigration cases. Find out how you can benefit from his experience and have Mr. Mantle work for you:

Why Mantle Works.
 
Immigration News
For up-to-date developments in immigration law, visit the Immigration News section and the Immigration Resources page.
 
Contact
Contact our office to schedule
an initial consultation.

972-567-8809 (phone)
888-567-0896 (fax)

2591 Dallas Parkway
Suite 300
Frisco, Texas 75034

Member,
American Immigration
Lawyers Association
 

Work Visa Solutions

Many U.S. employers have relied on the H-1B visa program to fill critical labor shortages for professional positions. With current demand far outpacing the availability of new H-1B visas, employers and foreign nationals must turn to other, more complicated visa options.

By scheduling a consultation with D.Ray Mantle, you can find out the best work visa options available to you.

Consultation
Why Mantle Works

L-1 — Work Visa for Multinational Managers, Executives & Specialized Knowledge Workers

Managers or executives of a foreign company who transfer to a subsidiary, parent, branch, or affiliate in the U.S. to continue serving in a managerial or executive capacity may qualify for L-1A status. Essential workers who possess specialized knowledge that is key to the company's success may also transfer to the U.S. in L-1B status.

L-1 Companies

 

The first step is to establish a qualifying relationship between the foreign and U.S. entities. The actual form of the entities is not a determining factor, so long as both the foreign and U.S. entities:

  • are related as parent, branch, affiliate, or subsidiary; and
  • will be conducting business in the U.S. and the foreign country for as long as the individual remains in transferee status

Ownership, as shown through fund transfers and stock purchases, is critical for establishing the qualifying relationship. If the U.S. entity is a new office, the employer must prove it has secured sufficient physical premises and that the new business will be operational within one year at such a level that will support an executive or managerial position. Mr. Mantle works with investors and employers to fully document the investment and business plan at this early stage in the process. Companies that grow to three or more U.S. branches may qualify for a Blanket L Approval if certain conditions are met, thereby allowing individual applicants to apply directly at the consulate abroad instead of waiting for individual petition approvals from USCIS.

L-1 Employees

 

The petitioning employer must demonstrate that the transferee qualifies as a manager or executive, based on narrow definitions set forth in USCIS regulations. In essence, the transferee must have been employed abroad continuously for at least one year within the last three years by the qualified foreign entity in a managerial, executive, or specialized knowledge capacity and will work for the qualified U.S. entity in a managerial, executive, or specialized knowledge capacity.

Managerial Capacity
The employee must primarily:
  • manage the organization, department, subdivision, function, or component of the organization;
  • supervise and control the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization;
  • have authority over personnel actions for supervised employees, or functions at a senior level within the organizational hierarchy with respect to the managed function; and
  • exercise discretion over the day-to-day operations fo the activity or function being managed.
Executive Capacity
The employee must primarily:
  • direct the management of the organization or a major component or function of the organization;
  • establish goals and polices of the organization, component, or function;
  • exercise wide latitude in discretionary decision-making; and
  • receive only general supervision or direction from higher-level executives or directors.
Specialized Knowledge Capacity
An employee claiming specialized knowledge must demonstrate the knowledge is of the organization's product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization's processes and procedures. Unlike managers and executives, individuals in the specialized knowledge category that do not qualify as managers or executives are granted L-1B status for up to 5 years and will require an approved PERM labor certification in order to apply for permanent residence. Other regulations restrict the placement of L-1B workers at client sites without direct supervision from the petitioning L company. USCIS is aggresively reviewing this area of law and has been relying on an extremely narrow reading of the definitions to deny more and more of these petitions. Employers are encouraged to seek competent legal advice before submitting an L-1B petition.
 

How do I file?

 

Only the employer is eligible to file a petition for a work visa. General instructions are included with the I-129 petition, and USCIS posts updates and fees on its web site. The I-129 petition is a legal case and mistakes or misrepresentations can jeopardize your chances of ever coming to the United States. You should carefully review the eligibility requirements, then talk with an immigration lawyer about the specific circumstances of your case. D.Ray Mantle assists clients by making sure the petition is complete and includes all of the necessary evidence to support your eligibility.

What happens after I file?

After your petition is filed, USCIS will mail an official receipt to the employer so you can track the processing of your case. If your petition is incomplete, USCIS may have to reject it, or ask you for more evidence or information, which will delay processing. Working with an experienced immigration attorney from the beginning will help you avoid errors and delays.

Normally, when USCIS approves the petition, notice will be sent to the U.S. Embassy closest to the foreign nationals foreignn address, where they can schedule a visa interview. If the beneficiary is already in the United States in a different visa status, their status may be changed at the same time the petition is approved. Even if your status is changed in the United States, you will need to obtain a new visa if you ever depart the United States for travel.

How long will it take USCIS to process my petition?

Processing time depends on a number of factors. You can check USCIS current processing times on our web site. USCIS offers Premium Processing Services for most work visa categories. With payment of the additional Premium Processing fee, USCIS will provide a response within 15 days.

Help with Work Visas

 

D.Ray Mantle assists employers and employees in obtaining work visa results in a timely, personal, and professional manner. Your individual circumstances are carefully reviewed by an experienced immigration attorney to determine which options are available to you. Mr. Mantle provides guidance and help in gathering the necessary information and documents for your case, prepares all of the necessary application forms, and ensures that your final application meets all government requirements.

If you would like to understand more about the application process and to find out if you qualify for L-1 status, please contact D.Ray Mantle for a consultation.

HOME > WORK VISAS > L-1