Enterline & Partners Consulting | info@enterlinepartners.com

Search
Close this search box.

USCIS Clarifies That The Owner Of A Sole Proprietorship Owner May Not Self-Petition For An L-1 Visa

The U.S. Citizenship and Immigration Services (“USCIS”)  has issued policy guidance in the USCIS Policy Manual clarifying that a sole proprietorship may not file a Form I-129L Petition (“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 L-1 Intracompany Transfer nonimmigrant visa classification enables a U.S. employer that is part of a qualifying organization to temporarily transfer Executives, Managers or persons with Specialized Knowledge from one of its related foreign offices to office locations in the United States.

This Policy Manual update affirms the existing USCIS guidance and 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.  The Corporation or Limited Liability Company may file a Petition for the owner.

This update also clarifies guidance regarding Blanket Petitions. International organizations file Blanket Petitions on behalf of all individual entities named in the Blanket Petition when there are multiple locations and entities in the United States. The USCIS is also updating policy guidance to clarify that 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 is effective immediately.

If you have questions about the L-1 Intracompany Transfer nonimmigrant visa category, contact us to speak with one of our attorneys at info@enterlinepartners.com in Ho Chi Minh City, Manila and Taipei.

Ho Chi Minh City, Vietnam Office

146C7 Nguyen Van Huong St, Thao Dien Ward,
District 2, Thu Duc City
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488
Email: info@enterlinepartners.com
Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ
YouTube: @EnterlineAndPartnersConsulting
Website: http://enterlinepartners.com

Manila, Philippines Office

LKG Tower 37th Floor
6801 Ayala Avenue
Makati City, Philippines 1226

Tel: +63 917 543 7926
Email: info@enterlinepartners.com
Facebook: Enterline and Partners Philippines
Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2023. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

CATEGORY
time
recent posts
CTA_Collection

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration

Latest News

Federal Judge Strikes Down Parole-in-Place Program

A U.S. Federal Court Judge has struck down Parole-in-Place following an earlier decision granting the State of Texas and fifteen (15) other states an administrative stay two months ago. Judge J. Campbell Barker of the Eastern District of Texas ruled that the program, which would fast-track permanent residency to certain undocumented immigrants to obtain lawful permanent residents who are spouses and stepchildren of U.S. citizens, “exceeded its statutory authority and is not in accordance with the law.”  Judge Barker further added that the program “focuses on the wrong thing, in identifying ‘significant public benefits’- the benefits of aliens’ new legal status – rather than their presence in the country.”  At the time of publishing this article, it is unclear whether the Biden Administration will appeal Judge Barker’s ruling.  For more information on this ruling, please contact us at info@enterlinepartners.com. ENTERLINE & PARTNERS CONSULTING    Ho Chi Minh City, Vietnam Office    146C7

Read more >

What is a K-3 Nonimmigrant visa?

A K-3 visa is a nonimmigrant visa that allows a foreign spouse of a U.S. citizen to enter the United States while their Form I-130 Petition for Alien Relative (“I-130 Petition”) is undergoing adjudication with the United States Citizenship and Immigration Services (“USCIS”). The goal of a K-3 is to shorten the time that a foreign spouse is separated from his or her U.S. citizen spouse during the immigration process. The K-3 visa is specifically for foreign spouses of U.S. citizens who have already filed their I-130 Petition but have not received an approval. In order to file for a K-3 visa, the U.S. citizen spouse must first file an I-130 Petition with USCIS. Afterwards, the U.S. citizen spouse files a Form I-129F Petition for Alien fiancé(e). (“I-129F Petition”) with supplemental documentation.  If the I-129F Petition is approved before the I-130 Petition, the foreign spouse can consular process for a

Read more >

Can I send my Absentee Ballot to a U.S. Embassy or Consulate for the Upcoming Presidential Election?

We have previously discussed who is eligible to vote in U.S. elections and how American citizens abroad (i.e. Vietnam, the Philippines, and Taiwan) can send their ballots by mail or use designated dropboxes to vote for their presidential and state and local candidates. U.S. citizens who are unable to physically drop off their ballots at certain locations in Vietnam, the Philippines and Taiwan may also mail their ballots directly to the U.S. Consulate in Ho Chi Minh City, the U.S. Embassy in Manila, or the American Institute in Taiwan in Taipei at the following addresses: U.S. Consulate Ho Chi Minh CityAmerican Citizen Services Unit4 Le Duan Blvd. District 1Ho Chi Minh City, Vietnam U.S. Embassy ManilaAmerican Citizen Services Unit1201 Roxas Blvd.Manila, Philippines 1000 American Institute of TaiwanAmerican Citizen Services Unit100 Jinhu Road Neihu DistrictTaipei, Taiwan 114017 When sending sealed ballots to the addresses above, registered voters will need two envelopes.

Read more >