Washington, DC – October 21, 2023
The United States Citizenship and Immigration Services (USCIS) has clarified that sole proprietorship owners are not eligible for L-1 visas. This decision comes after a review of the L-1 visa program and its intended purpose.
The L-1 visa is a nonimmigrant visa that allows companies to transfer executives, managers, and specialized knowledge employees from one of its affiliated foreign offices to one of its offices in the United States. The L-1 visa program is intended to facilitate the transfer of employees within multinational companies, and it is not intended for self-employed individuals.
In a new policy guidance, USCIS explained that sole proprietors are not eligible for L-1 visas because they are not considered to be employees of their own businesses. A sole proprietorship is a business owned and operated by one individual, and the owner of a sole proprietorship is not considered to be an employee of their own business.
USCIS also clarified that its policy on L-1 petitions filed by international organizations has not changed. International organizations can still file L-1 petitions on behalf of all the individual organizations named in the petition, and filing another complete petition does not interrupt the 3-year waiting period before filing the petition.
What is an L-1 visa?
The L-1 visa is a nonimmigrant visa that allows companies to transfer executives, managers, and specialized knowledge employees from one of its affiliated foreign offices to one of its offices in the United States. The L-1 visa is a popular option for multinational companies that are looking to expand their operations in the United States.
What does this mean for sole proprietorship owners?
Sole proprietorship owners who are interested in working in the United States should explore other visa options, such as the E-2 visa or the O-1 visa. The E-2 visa is available to nationals of certain countries who are coming to the United States to invest in and operate a business. The O-1 visa is available to individuals who have extraordinary ability in the arts, sciences, education, business, or athletics.
