U.S. Citizenship and Immigration Services is issuing 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. 

Posted in: Immigration