USCIS Clarifies L-1 Petition Policy

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.