Employment & work visasPOLICY UPDATE
L-1 Petitions for Intracompany Transferees Filed by a Sole Proprietorship
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify that a sole proprietorship may not file an L-1 petition on behalf of its owner because the sole proprietorship does not exist as a distinct legal entity separate and apart from the owner.
Effective date and application
This guidance, contained in Volume 2 of the Policy Manual, is effective immediately
Key changes
- U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify that a sole proprietorship may not file an L-1 petition on behalf of its owner because the sole proprietorship does not exist as a distinct legal entity separate and apart from the owner.
- Affirms that a sole proprietorship may not file an L-1 petition on behalf of its owner. The update distinguishes this from a self-incorporated petitioner (such as a corporation or a limited liability company with a single owner), where the corporation or the single member limited
- Clarifies that a petitioning organization that fails to timely file an extension of an approved blanket L-1 petition is not required to wait before submitting a new blanket petition.
