USCIS Sole Proprietary Policy: What You Need to Know

Introduction

In a recent policy update, the U.S. Citizenship and Immigration Services (USCIS) has clarified its stance on the eligibility of sole proprietors for L-1 visas. The USCIS policy states that a sole proprietorship is not a separate legal entity from its owner and therefore cannot file a petition on behalf of its owner. This policy applies to all immigration petitions, including the L-1 visa classification, which allows foreign employees to be temporarily transferred to the United States to work for a qualifying foreign office.

Why Does the Policy Exist?

The policy is based on the principle that a sole proprietorship is not a legal person. It is simply an extension of the owner’s personal business. As such, the owner is personally responsible for the business’s debts and liabilities.

The USCIS also wants to ensure that immigration petitions are filed by entities that are legally authorized to do so. By requiring that petitions be filed by separate legal entities, the USCIS can help to prevent fraud and ensure that the integrity of the immigration system is maintained.

How Does the Policy Apply to Sole Proprietors?

The USCIS policy applies to all sole proprietors, regardless of their nationality or the location of their business. If you are a sole proprietor, you cannot file an immigration petition on your behalf. You will need to find a different way to immigrate to the United States, such as incorporating your business or forming a partnership.

What Are My Options if I Am a Sole Proprietor and I Want to Immigrate to the United States?

There are a few different options available to sole proprietors who want to immigrate to the United States. One option is to incorporate your business. This will create a separate legal entity that can file immigration petitions on your behalf.

Another option is to form a partnership with another individual or entity. This will also create a separate legal entity that can file immigration petitions.

Finally, you may also be eligible for other immigration options, such as the EB-1C visa for executives and managers or the EB-2 NIW visa for National Interest Waivers.

Conclusion

The USCIS Sole Proprietary Policy is an important policy that helps to protect the integrity of the immigration system. If you are a sole proprietor and you are interested in immigrating to the United States, we can help you with our immigration attorney expertise to discuss your options. 

If you have questions or need assistance, please don’t hesitate to reach out. The L1Experts and Law Office of Thomas. V Allen is here at your service. Your journey to the US starts with us!