Last Updated on October 26, 2023
U.S. Citizenship and Immigration Services (USCIS) has issued guidance in the USCIS Policy Manual for L-1 petitions. The guidance clarifies that a sole proprietorship cannot file a petition on behalf of its owner.
Overview
The L-1 petition update clarifies existing guidance. The update distinguishes a sole proprietor from a self-incorporated petitioner, such as a limited liability company (LLC) or corporation, when the sole member LLC or corporation is a separate and legally distinct entity from its owner, which may petition for that owner.
This policy update also clarifies guidance for Blanket L-1 petitions, which are filed by international organizations on behalf of all individual entities named in the petition. The updated Blanket L-1 policy states that failure to file an extension of the Blanket petition in a timely manner will not trigger a three-year waiting period before another Blanket L-1 petition may be filed.
Looking Ahead
The updated L-1 guidance, which is contained in Volume 2 of the Policy Manual, is immediately effective. The new guidance replaces prior L-1 petition guidance.
Envoy is pleased to provide you with this information, which was prepared in collaboration with Joy Ang, who is a Partner at Corporate Immigration Partners, P.C., a U.S. law firm who provides services through the Envoy Platform (the “U.S. Law Firm”).
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. Envoy is not a law firm, and does not provide legal advice. If you would like guidance on how this information may impact your particular situation and you are a client of the U.S. Law Firm, consult your attorney. If you are not a client of the U.S. Law Firm working with Envoy, consult another qualified professional. This website does not create an attorney-client relationship with the U.S. Law Firm.
