USCIS Clarifies: USCIS clarifies that single proprietor companies can’t submit L-1 visa purposes for homeowners

USCIS Clarifies: USCIS clarifies that single proprietor companies can’t submit L-1 visa purposes for homeowners


MUMBAI: In late October, the US Citizenship and Immigration Providers (USCIS) issued coverage steering regarding L-1 visa purposes submitted by sole proprietorships.
This steering, which is now integrated into the newest USCIS coverage handbook, reaffirms the prevailing coverage that disallows sole proprietorships from submitting L-1 visa purposes on behalf of their homeowners.The steering makes it clear {that a} sole proprietorship is just not thought of a legally separate entity from its proprietor when the proprietor and the beneficiary of the L-1 petition are the identical particular person. In such instances, such a submitting can be categorized as a self-application and isn’t permitted.
Moreover, the steering distinguishes self-applications from these filed by self-incorporated entities, that are outlined as firms or restricted legal responsibility corporations with a single proprietor which are distinct authorized entities separate from their homeowners. These self-incorporated entities are eligible to file L-1 visa purposes on behalf of their homeowners.
The L1 Visa, which encompasses the L1-A for managers and executives and the L1-B for specialised data staff, doesn’t instantly result in US everlasting residency however generally is a very important step in acquiring a inexperienced card by way of employment-based immigration.
To qualify for an L-1 Visa, candidates should have labored constantly for a similar firm for not less than one yr inside the previous three years and be transferred to a US workplace of the identical firm in a managerial, government, or specialised data function. Moreover, the US workplace should have a qualifying relationship with the overseas firm, corresponding to being a mother or father, subsidiary, affiliate, or department.
The applying course of includes a number of essential steps, beginning with the U.S. employer submitting a petition (Type I-129) to USCIS, together with essential paperwork like proof of the qualifying relationship between the US and overseas corporations and a job provide letter. Following USCIS processing and approval, candidates residing exterior the US should undergo consular processing, which incorporates scheduling and attending an interview on the US embassy or consulate of their residence nation.
Along with the clarification relating to sole proprietorships, the coverage steering additionally offers clarification on the extension of blanket L-1 petitions. It specifies that failing to file a well timed extension of the blanket petition doesn’t necessitate a ready interval earlier than a brand new blanket petition may be submitted. Blanket L-1 petitions allow eligible executives, managers, and specialised data professionals to use for his or her L-1 visa instantly at a US consulate or embassy overseas with out the necessity for pre-filing with USCIS. That is contingent upon each the entity they labored for overseas (the place the worker should have labored for multiple yr within the final three years) and the entity they’ll work for within the US being eligible for blanket approval.

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