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USCIS Clarifies Policy on L-1 Petitions
Release Date
10/20/2023
U.S. Citizenship and Immigration Services has issued policy guidance (PDF, 311.12 KB) in the USCIS Policy Manual clarifying that a sole proprietorship may not file a petition on behalf of its owner because the sole proprietorship does not exist as a distinct legal entity separate and apart from the owner.
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International Managers (EB-1C) changing jobs under AC21 portability after 180 days
Question details
1. I am on L1A, and I have Approved EAD and AP. Also, 180 days of waiting is over.
My question is, can I switch employers? If so, how will USCIS match my job duties?
2. On L1A, it's an International Manager experience, and how can I show that I have international manager experience with the new Employer?
FAQ Transcript
1. Yes, I can confirm that your understanding is correct.
2. Regarding your new employer, your lawyers will provide the necessary assistance and guidance. It's important to note that in your current situation, the requirements differ from when you initially obtained your L-1A or EB-1C visa. At that time, you were required to demonstrate that you had the appropriate experience with the related company. However, now that you are in the AC21 portability phase, you are no longer obligated to fulfill that specific requirement.
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