Is the foreign company required to keep my position there?

No. The L-1 visa does not, by itself, create a legal obligation for the foreign company to maintain the position you held before the transfer. U.S. immigration looks at the relationship between the foreign company and its U.S. affiliate, subsidiary, or branch, not at the internal employment conditions abroad.

For the transfer, the central point is that you must have worked for the foreign company for a qualifying period in an executive, managerial, or specialized knowledge capacity, and that this experience supports the role to be performed in the United States. Whether or not the previous position is maintained is a matter of employment contract and internal company policy, not an immigration requirement.

In practice, structural or functional changes at the parent company generally do not affect the petition, as long as the qualifying relationship and the nature of the new U.S. role are well documented.

Since each case is evaluated individually, it is worth verifying the updated requirements with USCIS and, when possible, reviewing your background with a specialist before filing.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.