If I am offered a lower position in the USA, can I apply for an L-1 visa?

The L-1 visa was created to facilitate the transfer of employees within companies with international operations, allowing executives, managers, or professionals with specialized knowledge to move to a branch or subsidiary in the United States. With this visa, the focus is that the worker has held managerial, executive, or roles requiring specific company knowledge outside the USA for a minimum period of time.

If the job offer in the United States refers to a position lower than the one you held abroad, it is important to carefully assess whether this change still meets the L-1 visa requirements. For example, for the L-1A category aimed at executives and managers, it is essential that the position in the USA maintains a hierarchical level compatible with the one you performed abroad.

If the new role is operational or significantly lower, there may be difficulties justifying the transfer under the argument of maintaining the company”s leadership structure or specialized knowledge. Additionally, even in the L-1B category, targeted at professionals with specialized knowledge, a change to a role that does not consistently apply this knowledge can undermine the basis of the application.

Each situation is individually analyzed by the United States Citizenship and Immigration Services (USCIS), and a considerable change in the position may impact the case evaluation. Always remember the importance of strictly following U.S. immigration laws and seeking guidance from specialized and trustworthy professionals on the subject.

The presence of offers that seem ”too good to be true” or miracle promises should be treated with caution to avoid scams or marketing campaigns guaranteeing results without legal basis. This analysis does not replace personalized legal advice and it is always recommended that, in face of changes in the position or transfer structure, you obtain detailed information and seek specialized guidance to ensure that all legal requirements are properly met.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.