Is the foreign company obligated to keep my position there?

When dealing with the L visa, which allows the transfer of employees within the same company for activities in the United States, it is important to understand that immigration rules focus on the relationship between the foreign company and the U.S. affiliate or subsidiary, and not necessarily on internal contractual obligations of the company abroad.

In the context of this visa, the basic requirement is that the applicant has worked at the foreign company for at least one accumulated year in an executive, managerial, or specialized knowledge capacity, and that this background is essential for the position to be performed in the U.S. However, United States immigration laws do not impose on the foreign company a legal obligation to maintain the specific position previously held.

In other words, the L visa does not create a contractual or labor obligation forcing the company to retain the exact role or position. In practice, maintaining the position or a similar role may be related to the terms and conditions of the employment contract or the company’s internal policies, and not to the immigration process requirements.

This means that if there are changes in the company’s structure or functions, U.S. law regarding the L visa remains focused on the transfer to an executive, managerial, or specialized knowledge role in the United States, and not on the employment conditions of the parent or branch abroad.

It is always essential to follow current immigration laws and seek guidance from specialized professionals whenever doubts arise about the application of visa requirements. Furthermore, caution is advised regarding offers and promises of quick results, as imitations and marketing campaigns guaranteeing approvals without meeting all legal criteria may lead to future risks and troubles.

When considering your rights and obligations, both in your country of origin and in the United States, maintain contact with the company”s official channels and consult immigration specialists. This way, you will be better prepared to make informed decisions about your career and international transfer path.

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.