USCIS Clarifies the Procedure for Obtaining the L-1 Non-Immigrant Visa and Prevents Applicants from Making Mistakes

On Friday, October 20, 2023, the USCIS clarification on the procedure for applying for L-1 visas went into effect, El Diario de NY reported.

That medium indicated that the United States Citizenship and Immigration Services (USCIS) published a guide clarifying “that a sole proprietorship cannot submit an L-1 visa application on behalf of the owner.”

The answer is that “The sole proprietorship does not exist as a legal entity separate and independent from the owner”.

This is the US visa for transferred workers, which allows a stay of up to seven years

What the USCIS Clarifies

The mistake he wants to point out “is that someone who has a sole proprietorship cannot sponsor themselves for an L-1 visa.”

This update to the Policy Manual reaffirms existing guidance, USCIS says.

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The update – he explains – “distinguishes between a sole proprietorship and a self-incorporated filer (such as a corporation or limited liability company with a sole owner), where the corporation or sole proprietorship is a legal entity separate from the owner . who can petition the owner.”

This update also clarifies the guidelines regarding general requests.

International organizations file general L-1 petitions on behalf of all individual entities named in the petition.

USCIS “is updating policy guidance to clarify that failure to timely file a general petition extension does not initiate the three-year waiting period before a new general petition can be filed.”

These guidelines, contained in Part 2 of the Policy Manual, “are effective immediately. The manuals contained in the Policy Manual are conclusive and supersede all previous manuals relating to this subject.”

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What is the L-1 visa

The classification of L-1 non-immigrant visa allows a U.S. employer that is part of an eligible organization to temporarily transfer employees from one of its related foreign offices to offices in the United States.

Current USCIS policy and practice, they reiterate, “states that a sole proprietorship cannot file an L-1 petition on behalf of the owner.”

To read the USCIS guide, visit this link

With information from USCIS and El Diario de NY

(JO)