USCIS recently released guidance to help sole proprietors avoid making mistakes when applying for an L-1 visa. The U.S. Citizenship and Immigration Services has been clear on the matter. It is clear that a business of this type cannot apply for an L-1 permit on behalf of its owner. Because?
USCIS also reminds that the sole proprietorship does not exist as a separate and independent legal entity from the owner. What was checked and clarified is directly related to this problem. Current policy was analyzed and several key aspects were updated.
For example, the error that has been fixed is that the owner of a sole proprietorship is legally unable to pay for himself to obtain an L-1 visa. USCIS explained that this is not a new rule, but rather an update to its policy manual.
In the update
In these cases, USCIS clearly states how the new L-1 visa update will proceed from now on. “The update distinguishes a sole trader from a self-proclaimed applicant (e.g. a corporation or a limited liability company with sole ownership). Here, the corporation or sole proprietorship limited liability company is a separate legal entity from its owner and can apply to that owner.”
The current regulations remind us that there are other visa applications that are considered “general”. They can be presented by international companies on behalf of an individual.
USCIS has updated its guidelines and clarified the following. “Failure to file a timely extension of the general application will not begin the three-year waiting period before filing an identical application.”
It is also recalled that the L-1 visa allows a company to send an employee to the United States from any country. The USCIS clarification on the process for applying for L-1 visas was put into practice on October 20 of this year.