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

EB-5

Philippines Ambassador to the U.S. Urges Undocumented Philippines Citizens to Leave Voluntarily

Philippines Ambassador to the United States, Jose Manuel Romualdez said it would be better for undocumented Philippines citizens to voluntarily leave the U.S. rather than be deported. Ambassador Romualdez made these comments following Donald Trump being elected as the 47th President of the United States and Trump’s appointment of Thomas Homan as the “border czar”. The Ambassador noted that while nearly 200,000 Philippines citizens who are in the U.S. illegally have started the process to obtain lawful permanent residency, a 2023 report by Migration Policy Institute lists the Philippines as the 6th largest source of illegal immigrants with a population of nearly 310,000. Enterline and Partners emphasizes that the proposed mass deportation orders will primarily apply to those in the United States illegally with criminal records awaiting deportation. For more information, contact us at info@enterlinepartners.com. ENTERLINE & PARTNERS CONSULTING    Ho Chi Minh City, Vietnam Office    146C7 Nguyen Van Huong St,

Read more >

What is a Joint Sponsor for a Form I-864 Affidavit of Support?

A Joint Sponsor for Form I-864, Affidavit of Support, is an individual who agrees to share the financial responsibility for sponsoring an immigrant when the primary sponsor (the Petitioner) does not meet the minimum income requirements. The joint sponsor must meet certain eligibility criteria and file their own Form I-864 in addition to the primary sponsor’s form. What is the Eligibility Criteria for a Joint Sponsor? No Obligation to Be Related: Unlike the primary sponsor, the joint sponsor does not need to be related to the immigrant. What are the Responsibilities of a Joint Sponsor? When signing Form I-864, the joint sponsor agrees to: What Are the Filing Process for a Joint Sponsor? Multiple joint sponsors may be involved if needed. Each joint sponsor however must independently meet the income requirements for their own household size and file their own I-864. For more information, please contact us at info@enterlinepartners.com. ENTERLINE

Read more >

President-Elect Trump’s Mass Deportation Begins to Take Hold

During the 2024 campaign,  former president and candidate Donald J. Trump promised mass deportation for millions on undocumented migrants in the United States. It appears that the campaign pledges are beginning to take hold. Last week, President-elect Trump named Thomas Homan as the “Border Tsar.” Homan, a former police officer and immigration official who previously served during the Obama administration and the first Trump administration as Immigration and Customs Enforcement Director has made it clear that mass deportation will be effectively carried out. “We have a mandate. I think the American people just gave President Trump a mandate. That’s why he’s elected – to secure the border, save lives, and deport people, especially national security threats and public safety threats,” said Homan. Homan commented that the immediate focus will be those in the country illegally with criminal convictions or charges. “It’s not going to be a massive sweep of neighborhoods.

Read more >