U.S. Citizenship and Immigration Services (USCIS) provided updated policy guidance for L-1 visa petitions. They emphasize that a sole proprietorship cannot submit a petition on behalf of its owner. This clarification stems from the fact that a sole proprietorship is not legally distinct from its owner.
This update reiterates the existing policy and distinguishes between a sole proprietorship and a self-incorporated petitioner (like a corporation or a single-member limited liability company). In the latter case, the corporation or LLC is considered a separate legal entity from its owner, allowing it to file a petition on behalf of the owner.
The guidance also addresses blanket petitions, where international organizations file L-1 petitions for various entities listed in the petition. USCIS has updated its policy to make it clear that failing to file an extension of the blanket petition in a timely manner will not result in a mandatory three-year waiting period before another blanket petition can be filed.
This policy update takes immediate effect and supersedes any previous guidance on the matter.
The L-1 visa classification enables a U.S. employer, part of a qualifying organization, to temporarily transfer employees from its foreign offices to U.S. locations. USCIS’s longstanding policy prohibits a sole proprietorship from filing an L-1 petition for its owner.
If you have questions about L-1 petitions or any other immigration-related issue, contact us at ILBSG. We work with our clients to ensure they get the right advice for their particular situation.
