USCIS Clarifies Guidelines for Sole Proprietorship Owners Applying for L-1 Visas
The United States Citizenship and Immigration Services (USCIS) has recently revealed important guidance to help sole proprietorship owners avoid making mistakes when applying for L-1 visas. USCIS made it clear that a company of this type cannot request an L-1 permit on behalf of its owner due to the nature of a sole proprietorship.
The key factor in this clarification is that a sole proprietorship does not exist as a legal entity separate from its owner. USCIS thoroughly reviewed and updated its policy to address this issue. The agency highlighted that the owner of a sole proprietorship cannot sponsor themselves to obtain an L-1 visa, as this would be illegal. USCIS emphasized that this is not a new rule but an update to its Policy Manual.
USCIS provided insight into how the new update on L-1 visas will proceed in these cases. The agency stated, “The update distinguishes a sole proprietor from a self-constituted petitioner (such as a corporation or a limited liability company with a sole owner). Here, the corporation or sole proprietorship limited liability company is a legal entity separate and distinct from its owner, who can petition said owner.”
USCIS also made it clear that there are other visa requests, known as “general,” that can be presented by international companies on behalf of individuals. The agency updated its policies and clarified that, “Failure to timely file an extension of the general petition does not begin the three-year waiting period before filing an identical one.”
It is important to note that the L-1 visa allows a company to send an employee from any country to the United States. USCIS implemented the clarification on the procedure for applying for L-1 visas on October 20 of this year.
This announcement provides much-needed clarity for sole proprietorship owners seeking L-1 visas. By ensuring that the application process adheres to the updated guidelines, applicants can avoid unnecessary mistakes and delays. USCIS’s commitment to providing clear and transparent instructions will undoubtedly benefit both businesses and individuals navigating the complexities of the U.S. immigration system.