USCIS has issued new coverage steering on L-1 intracompany switch petitions addressing sole proprietorships and Blanket L petitions.
There are two highlights:
- USCIS has clarified that sole proprietorships can’t file L petitions on behalf of the proprietor, i.e., the only real proprietor. USCIS distinguishes sole proprietorships from self-incorporated entities corresponding to a firms or restricted legal responsibility corporations with a single proprietor. The excellence is that the company or restricted legal responsibility firm – even when there may be solely a single proprietor – is nonetheless a definite entity that may file a petition on behalf of the proprietor. In fact, the only real proprietor should file an L petition on behalf of considered one of its workers. This “change” merely codifies the prevailing coverage.
- Blanket L petitions permit multinational corporations that meet sure necessities to switch workers from abroad to their U.S. workplaces with out the necessity to file a person L-1 petition for every worker. An organization making use of for a first-time Blanket L petition will obtain an preliminary three-year approval. Following the preliminary three-year approval, an organization should apply to increase the Blanket L petition. As soon as permitted, the extension can be legitimate indefinitely. USCIS has clarified that if an organization fails to well timed file for an extension of a Blanket L petition, the corporate doesn’t have to attend three years earlier than asking for an indefinite extension. The three-year wait applies if the extension is denied.
The Division of Homeland Safety’s proposed modernization of H-1B necessities would appear to permit entrepreneurs who’re firm house owners to file H petitions in sure circumstances. Those that personal a controlling curiosity could possibly be eligible for an H-1B visa if the proprietor spends at the least 50 % of their time performing specialty occupation duties, versus possession or incidental duties. In fact, the H-1B cap limitations might imply that an H-1B visa is just not a sensible possibility.
Jackson Lewis attorneys can be found to assist with visa methods for sole proprietors and entrepreneurs, together with the Worldwide Entrepreneur Rule.