Law Office of
D.Ray Mantle, pllc
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.
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
Employment Eligibility
Even if you don't sponsor foreign nationals for work visas, employers are required to verify every new employee's eligibility to work in the United States. Employers can contact D.Ray Mantle to learn more about integrated I-9 solutions.
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Work Visas
U.S. immigration law provides numerous options for professionals and other qualified individuals to obtain authorization to work and live in the United States. D.Ray Mantle works closely with employers and professionals to determine the best strategy for obtaining and maintaining employment authorization.
Many U.S. employers have relied on the H-1B visa program to fill critical labor shortages for high tech and other 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 visa options for your particular circumstances.
The I-129 employment visa 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. 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.
Categories
| H-1B |
Professional Occupations |
U.S. employers may petition for a foreign worker to enter the U.S. to work in a "specialty occupation." Qualifying positions require theoretical and practical application of highly specialized knowledge, normally associated with obtaining a bachelor's degree in the field. A Labor Condition Application (LCA) must first be filed with the Department of Labor, binding the employer to certain notice, pay, and other working condition requirements. Initial H-1Bs are issued for 3 years, and can be extended for an additional 3 years. Further extensions may be available based on filed labor certifications and approved immigrant petitions. High demand for new H-1B visas has quickly exhausted the annual quota for the past several years. Employers should prepare to file new petitions on the first available date, April 1, in order to be included in a random lottery. A treaty with Australia also provides Australian professionals with the ability to work in the U.S. in E-3 status, a category similar to H-1B.
» Learn more about H-1B Visas
| L |
Intracompany Transferees |
Managers and executives of multi-national corporations, as well as specialized knowledge workers, may transfer to U.S. subsidiaries or affiliates under the L visa category.
» Learn more about L-1 Visas
| E |
Treaty Traders & Investors |
An individual coming to the U.S. in furtherance of substantial international trade (E-1) or to further a substantial investment in a U.S. company (E-2) may be eligible for a visa based on specific treaties between the U.S. and other nations. E-1 trade must be principally (more than 50%) between the U.S. and the treaty country. An E-2 investor must demonstrate that a substantial investment has been made in a U.S. entity and that the invested funds or assets have been placed at risk. For both E-1 and E-2, the U.S. entity must be at least 50% owned by non-U.S. resident nationals of the treaty nation. An application may be made to the U.S. consulate to qualify the company as an E-1/E-2 employer in order to bring over additional executives, supervisors, or essential employees.
» Learn more about E Treaty Visas
The North America Free Trade Agreement (NAFTA) established the TN visa category for Canadian (TN-1) and Mexican (TN-2) citizens to temporarily work in the U.S. in professional positions identified in the agreement. (Click here for the full list of occupations.) Each entry in TN status can only be for up to one year, but there is no fixed limit on how many times the status can be renewed by re-applying and re-entering. Unless the applicant is changing to TN status in the U.S., an application does not need to be filed with USCIS. Canadians may apply for entry in TN status directly at the port of entry, and Mexicans may apply at the U.S. consulate.
» Learn more about TN Visas
The H-3 trainee visa is available to foreign nationals who are seeking training in any field (except physicians). The application must be accompanied by a detailed training program and specific certifications from the sponsoring company. The training program must be designed to prepare the individual for a position abroad and is limited to no more than 18 months. To qualify, the applicant cannot already have substantial training or experience in the field, and similar training must not be available in the applicants home country. Participants in an H-3 training program of less than 18 months duration are not subject to any foreign residency requirements.
» Learn more about H-3 Visas
Individuals participating in a recognized international cultural or educational exchange program may obtain J-1 visas. Programs are available for scholars, teachers, college and high school students, and other specified fields. J-1 programs are also available for trainees, allowing them to fill internship positions with U.S. employers and institutions. Depending on the exchange program sponsor or the field of training, the individual may be required to return and live in their home country for at least two years before they can apply for a work visa or permanent residence.
» Learn more about J-1 Visas
Individuals demonstrating extraordinary ability in the arts, sciences, education, business, or athletics may qualify for an O-1 visa. Artists must be recognized nationally or internationally as prominent in their field. Other fields of endeavor require documentation of sustained national or international acclaim. The petitioning employer or agent must also obtain a written consultation letter from the appropriate peer group or labor organization. Certain support personnel may also qualify for O-2 visas.
» Learn more about O-1 Visas
| P |
International Entertainers & Athletes |
Members of internationally recognized athletic teams and entertainment groups may obtain P-1 visas to enter the U.S. for competitions, events, or performances. Substantial international recognition in the field over a sustained period of time is required, and in most cases, individuals must have been a participating member of the group for at least one year. As with the O-1 category, a written consultation letter is required from the appropriate peer group or labor organization.
Ministers and individuals working in a professional capacity in a religious vocation or occupation may qualify for R-1 visa status if they have been a member of the sponsoring religious denomination. USCIS is considering new regulations in this category and has already increased scrutiny of religious worker petitions, causing substantial delays in processing.
A paid minister entering the U.S. to continue his or her vocation may also qualify as a special immigrant. Ministers must be members of a religious denomination with a bona fide religious organization in the U.S. and must prove they have been continuously paid for their work as a minister for at least two years. Other paid workers in religious occupations or vocations may also qualify as special immigrants if certain conditions are met.
| B-1 |
Business Visitors & Visa Waiver Program |
Foreign nationals attending business meetings, conferences, training, and similar activities may apply for a B-1 visitor visa. Applicants must not only show the purpose of their visit, but must also prove they will not engage in productive employment. Evidence of strong ties to the applicant's home country is required to prove the applicant will only be in the U.S. for a brief period. Most business visitors are admitted for no more than 30-90 days at a time. Business visitors from countries participating in the Visa Waiver Program may enter the U.S. for up to 90 days at a time to engage in activities similar to the B-1 classification.
» Learn more about B-1 Visas
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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 H-1B status, please contact D.Ray Mantle for a consultation.
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