Single-owner company proprietor not eligible for L-1 foreign work visa, US clarifies

The United States has made it clear that the owner of a single-person company is not eligible for an L-1 foreign worker's visa. In its recent policy update, the USCIS stated that a sole proprietorship cannot file a petition on behalf of its owner because it does not exist as a separate legal entity from the owner.

The new policy, released on Friday, distinguishes between a sole proprietor and a self-incorporated petitioner, such as a corporation or a limited liability company with a single owner. In the latter case, the corporation or the single-member limited liability company is considered a distinct legal entity from its owner and can file a petition on their behalf.

Additionally, the USCIS has provided clarification on blanket petitions. International organizations often file blanket L-1 petitions on behalf of multiple entities listed in the petition. The updated policy guidance states that the failure to timely file an extension of the blanket petition does not trigger a 3-year waiting period before another blanket petition may be submitted.


This policy change is effective immediately and aims to streamline the L-1 non-immigrant visa classification process. This classification allows a US employer, which is part of a qualifying organization, to temporarily transfer employees from its foreign offices to locations within the United States.

The existing USCIS policy already prohibits sole proprietorships from filing L-1 petitions on behalf of their owners. This clarification serves to reinforce the existing regulations surrounding L1 visa eligibility.