If I take maternity leave, do I lose my L-1?

It is understandable to have questions regarding the maintenance of L-1 visa status during a maternity leave period. The L-1 visa is granted for intracompany transfers and, as a rule, is tied to the employment relationship with the sponsoring company. Therefore, any change in employment status may, in theory, require a more detailed analysis.

When a female employee takes maternity leave, she remains an employee of the same company, as provided by United States labor law (or supplemented by the home country”s law, when specific rules applicable to the company apply) and the organization”s internal policies. Thus, maternity leave, when officially granted and respecting the agreements already established with the employer, generally does not change the L-1 visa status.

In other words, being on paid leave or having legal support for this absence does not automatically result in the loss of the visa holder status. However, it is important to pay attention to all the requirements stipulated in the visa authorization. If there is a significant change in the employment contract or a prolonged interruption that is not provided as approved paid absence, the situation may become more complex.

Therefore, it is always advisable to confirm with the company”s human resources department, ensuring all necessary measures to maintain immigration status are being observed. Furthermore, it is essential to strictly follow United States immigration laws, relying on information from official sources and avoiding promises of miraculous results or guidance from unreliable sources.

If there are more specific doubts or particular situations, considering a detailed consultation with a professional experienced in immigration is worth it, ensuring all necessary measures for compliance with the rules are properly adopted. Always remember: staying informed and compliant with the regulations can prevent future complications and ensure your rights and immigration status remain protected.

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.