USCIS Refines Policy Guidance On L-1 Petitions

On Oct. 20, 2023, U.S. Citizenship and Immigration Services (USCIS) released policy guidance, effective immediately, for L-1 petitions filed by a sole proprietorship.

This guidance is reflected in the latest USCIS Policy Manual and upholds existing policy, stating that a sole proprietorship may not file an L-1 petition on behalf of its owner. The guidance clarifies that a sole proprietorship does not qualify as a distinct legal entity separate and apart from the owner if the owner and the beneficiary are the same. In this case, the filing would be considered a self-petition that is not permissible.

The guidance further distinguishes self-petitions from a self-incorporated petitioner, defined as a corporation or a limited liability company with a single owner that is a separate and distinct legal entity from its owner. Such self-incorporated entities may petition for that owner.