USCIS clarified the rules for issuing L-1 visas for business owners: what has changed

US Citizenship and Immigration Services (USCIS) explained who can get an L-1 visa (a non-immigrant work visa for business executives), and also explained how an entrepreneur differs from a business executive, and which of them is eligible for an L-1 visa.

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The L-1 is a nonimmigrant visa that allows foreign companies to transfer a manager, executive, or person with specialized knowledge to their U.S. subsidiary.

That is, a private entrepreneur cannot obtain this visa, since he is both an applicant and a beneficiary.

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“Private entrepreneurs cannot apply for an L-1 visa on behalf of the owner because the private enterprise does not exist as a legal entity separate from the owner,” the agency said in a statement. “An L-1 visa application in which the applicant and the beneficiary are the same person constitutes an invalid self-application.”

But if the company is registered as a separate legal entity, then there is no problem in transferring the owner of the company and getting him an L-1 visa. Therefore, if you were planning to bring your company to the United States and use an L-1 visa for this, make sure that you have everything correctly processed.

Additionally, USCIS has explained the rules for filing general L-1 petitions.

The L-1 General Application allows U.S.-based companies to quickly and expeditiously petition USCIS to bring multiple foreign employees into the U.S. at the same time.

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The department explained that international organizations file general L-1 petitions on behalf of all individual participants mentioned in the application.

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