USCIS has issued policy guidance in the USCIS Policy Manual to affirm that a sole proprietorship may not file an L-1, intracompany transferee petition on behalf of its owner and to clarify that a petitioning organization that fails to timely file an extension of an approved blanket L-1 petition is not required to wait before submitting a new blanket petition.
Policy Highlights
- A sole proprietorship may not file a petition on behalf of its owner because the sole proprietorship does not exist as a distinct legal entity separate and apart from the owner. The update distinguishes a sole proprietor from a self-incorporated petitioner (such as a corporation or a limited liability company with a single owner), where the corporation or the single member limited liability company is a separate and distinct legal entity from its owner, which may petition for that owner; and
- The failure to timely file an extension of the blanket petition does not trigger the 3-year waiting period before another blanket petition may be filed.
This guidance, contained in Volume 2 of the Policy Manual, is effective immediately.
Erickson Insights and Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.