About Doug Mentes, Esq.

Doug Mentes, Esq. Articles written 126

Douglas Mentes is an alum of Drake University with a degree in journalism, who has covered news in Washington, D.C., Minneapolis and Salt Lake City. He has a law degree from William Mitchell College of Law and ran his own law firm for more than 10 years in St. Paul, Minnesota, earning designation as a Super Lawyers Rising Star. He practiced in the areas of family law, real estate and probate, handling several successful appeals. He currently covers bankruptcy law for Thomson Reuters.

Articles written by Doug Mentes, Esq.

How to Sponsor an Employee for Permanent Residence

Employers must be willing to put in the time, effort and funds to obtain their critical worker

Thousands of U.S. employers currently employ foreign workers, likely here on visas like the H1-B. Each year approximately 140,000 people, nearly all visa holders, qualify for lawful permanent residence (LPR) through employment—referred to as employment-based (EB) green cards. Most of these jobs are in the high-technology or STEM fields. The most common job titles in these areas include software developer, computer systems analyst, and information systems analysts. But other common job titles …

Is There an Alternative To Applying for Tax-Exempt Status?

Smaller New York nonprofits should consider finding a fiscal sponsor

Many who consider starting a nonprofit organization (NPO) initially focus their efforts on their chosen charitable activity or social cause—while paying less attention to the business side of stuff. That may work for small, grassroots organizations, but a charitable organization is a business, and a business requires funding. And, in this case, that funding comes from donations that are tax-deductible to their donors. Further, obtaining tax-exempt status can be time-intensive and complex …

How to Get an Employment Green Card in San Diego

If you have an advanced degree in a STEM field, it will help

The process to obtain an employment-based green card is competitive. Every year since the turn of the century, the U.S. has admitted its annual limit of 140,000 immigrants for employment-based (EB) green cards. Many immigrants hoping to obtain their EB green cards are denied, told they have little chance, or wait in line for several years. “Usually the economy doubles in size every seven years,” says Robert Nadalin, an immigration attorney in San Diego. “What that’s meant is that as the …

Can I Get a Green Card Through Employment?

Yes, but it could be a lengthy process

Green cards are awarded to about 140,000 applicants each year through U.S. employment-based immigration. That total is the cap—the most allowed by law—which was set in 1990, through the Immigration and Nationality Act (INA), and hasn’t been changed since. Another cap, a 7 percent limit of employment-based green cards available to citizens of each country, also affects the award of work visas. This cap has led to long waits for citizens from some countries, especially those hoping to …

How to Get a Visa to Study in the U.S.

Foreign students looking to study in Massachusetts shouldn’t overlook the requirements

As of 2018, there are well over 1 million international students who have come from abroad to study in the U.S. To get here, these students must obtain a nonimmigrant visa. The most common type of U.S. student visa is the F-1 student visa, which allows foreign students to enroll as a full-time student at a U.S. school. The M-1 visa is nearly the same, but allows the student to enroll at a vocational school and receive practical training from a U.S. institution. However, many students—and …

Should My Nonprofit Startup Incorporate?

It’s an easy process to start but involves some complicated decisions for Floridians

Starting a nonprofit organization has become more popular in recent decades. As of 2018, there are between 1 and 1.5 million nonprofit organizations in the U.S. Much of this is because of the simple process for start-up. For some, it may be as simple as getting a group together to perform charitable work for others. There is no requirement that a nonprofit incorporate, or form an Limited Liability Company (LLC), and there is no requirement the nonprofit obtain federal tax-exempt status under …

How Do Employers Assess Temporary Need for H-2B Visas?

The burden is on the employer to prove the need is truly temporary

The initial threshold for any employer to obtain help from a foreign worker is to prove that there are not enough U.S. workers who are able, willing, qualified, and available to do the work—and that employing the foreign worker will not adversely affect the labor market and wages and working conditions of similarly employed U.S. workers. Far and away, Texas employers employ more H-2B visa workers than any other state. However, one extra burden for employers of H-2B workers—and the basis for …

Common Pitfalls for Employers Hiring H-2B Visa Holders

H-2B employers must be extra cautious in era of increased enforcement

Immigration law is subject to political whim of the president or Congress at any time. Currently, in 2018, immigration law is an often-discussed topic for both branches. With low unemployment and labor shortages in the U.S., many employers are looking to foreign labor to fill positions. However, President Trump and many in Congress claim current legal immigration policy is harming the country and American workers. These two forces will greatly impact employers of foreign workers. Employers …

What is the Process for Hiring H-2B Workers?

It has strict requirements, but it could be a solution for Texas employers struggling to find workers

The H-2B non-immigrant visa program allows employers to hire foreign workers to come to the U.S. and perform temporary who are, non-agricultural workers. Sixty-six thousand H-2B applications are available each year—divided between two seasons—with 33,000 available in each season. The start dates for each season are based on the government fiscal year. The early season start dates begin in October and go through March. The second season will include start dates from April through November. …

What's the H-1B Labor Condition Application Process?

There are differences Maryland employers should understand

Employers seeking foreign workers under the H-1B visa program are subject to their own distinct form of labor certification. Employers of applicants need to seek approval from the U.S. Department of Labor (DOL) for a Labor Condition Application (LCA) (which contains statements and promises from the employer about the employer’s labor conditions) for both the H-1B holder and U.S. workers. The United States Citizenship and Immigration Services (USCIS), and the DOL, require employers to complete …

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