If transferred to the US headquarters, does the foreign subsidiary still need to operate?

The L visa, intended for intracompany transfers, requires that both the entity in the United States and the foreign subsidiary be actively operating within their respective business areas. This condition is essential to prove the functional relationship and the ongoing existence of the operations that justify the employee”s transfer to the US.

In summary, yes, the foreign subsidiary must continue operating. This is because maintaining business activities abroad is an integral part of the requirements for obtaining and maintaining the L visa. US immigration authorities expect evidence that the parent company or affiliated foreign entity continues to operate regularly, demonstrating the real existence and functioning of its structure.

If, for any reason, the subsidiary ceases to operate, this may compromise the visa”s validity, since the continuity of the foreign company”s business is fundamental to maintaining eligibility for intracompany transfers. It is important to emphasize that each case has particularities. If you are considering a transfer or evaluating changes in your company”s operational structure, it is essential to strictly follow US immigration laws and rely on experts in the field to guide you on the requirements and avoid mistakes arising from conflicting information or marketing campaigns promising miraculous solutions.

Always seek reliable sources and support from qualified consultants, avoiding traps that could jeopardize not only your process but also the legal operation of the company in both countries. This caution is indispensable to maintain the standards required by immigration laws and ensure peace of mind in your transfer process.

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.