Key Points
- USCIS has issued new guidance in the USCIS Policy Manual for L-1 petitions
- The new guidance states that a sole proprietorship cannot file a petition on the owner’s behalf
- The updated guidance distinguishes a sole proprietorship from a self-incorporated petitioner
- USCIS has also issued new guidance for blanket L-1 petitions
- The guidance is effective immediately
Overview
US 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.
What are the Changes?
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 corporate blanket L-1 petitions, which international organizations file 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 corporate 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, contained in Volume 2 of the Policy Manual, is immediately effective. The new guidance replaces prior L-1 petition guidance.
Written by: Lucy Halse, Content Marketing Associate, Envoy Global
Edited by: Frank Fogelbach, Supervising Attorney, Corporate Immigration Partners
Source: US Citizenship and Immigration Services (USCIS)
