IN THIS GUIDE · New-office premises and operating fit
Start with the L-1A eligibility and application overview
Explain what the space must support
Describe the activities the U.S. operation will perform and the space those activities reasonably require. USCIS examines premises in the context of the business. Avoid treating a registered-agent address, mail service or a particular lease label as automatically sufficient; the actual arrangement and intended use must be assessed.
Document the right to use the premises
Collect the executed agreement and evidence identifying the company, location, permitted use and availability. If space is shared or supplied by an affiliate, explain the arrangement and support the company’s right to occupy it. Resolve conflicting names or dates before the premises documents are used to support the new office.
Connect premises to the first year
A secured space is one element of the new-office case. Link it to funding, recruitment, equipment and expected activities, then explain how the operation can support primarily executive or managerial work within one year of approval. A lease does not independently demonstrate that the business will need or sustain that role.
Handle commercial commitments deliberately
Leasing decisions create business obligations whether or not the petition succeeds. Review commercial terms and immigration evidence together before committing. If the location or operational model changes during preparation, update the first-year plan and ask counsel whether the revised facts affect the petition rather than relying on obsolete premises evidence.
Match the space to the operation being described
For a new office, the expectation is that sufficient physical premises to house the operation have been secured, and sufficient is judged against what the business says it will do rather than against any general standard. Start from the operating plan and work outward. What activity happens on site, what equipment does it require, what utilities and access does that equipment need, and how many people will be present in the first period? Hypothetical example: a precision machining shop needs power supply, floor loading, ventilation and goods access that an office suite cannot provide, so premises that would comfortably support a consultancy would not support it. Conversely, a business whose work is conducted at customer sites may need very little. The question is fit, and a mismatch in either direction invites the same question about whether the plan and the premises describe the same business.
Read the occupancy document for what it actually permits
Securing space is a legal question as well as a practical one, and the agreement frequently permits less than the occupier assumes. Check the term and the commencement date, whether the right is exclusive or shared, which entity is named as tenant or licensee, and whether the permitted use covers the intended activity. Then check the position outside the agreement: local zoning or land-use rules, any permit required for the activity, and any consent needed from a landlord or a superior landlord. Where the space is not yet available, identify what remains — a fit-out to complete, a certificate to obtain, a condition to satisfy — and when each is expected. Keep the executed document rather than a draft or a letter of intent, and ensure the entity named in it is the entity the case concerns.
Ask what happens if the premises fall through
Space arrangements collapse for ordinary reasons — a landlord withdraws, a condition is not satisfied, a fit-out proves impossible — and a plan with no alternative treats a contingency as an impossibility. Identify a second option early, even loosely, and know what it would cost and how long it would take to secure. Where the business depends on particular physical characteristics, the pool of suitable space may be small and worth understanding before the first agreement is signed rather than afterwards.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.