Securing Sufficient Physical Premises for a New Office
Date of Information: 11/11/2026
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A Physical Location That Supports the Proposed Business
A new-office L-1A petition must establish that sufficient physical premises to house the new office have been secured. This is a requirement to address at filing, not a promise to locate space after approval. See 8 C.F.R. § 214.2(l)(3)(v)(A) and USCIS’s new-office evidence guidance.
The evidence should answer two questions: What physical space has the business secured? And why is that space sufficient for the proposed operation? A lease can establish rights to premises, but its existence alone does not explain whether the space fits the business, staffing, equipment, and launch plan.
This guide focuses on L-1A new offices. For the distinction between startup and established-office petitions, see New Office Petitions Compared with Petitions for Established U.S. Operations.
What Does “Secured” Mean in Practice?
USCIS explains that appropriate physical space may be secured through a lease, purchase, or other means. Its examples of evidence include signed leases, mortgages or other purchase records, and descriptions connecting the acquired space to the business activity. See USCIS’s entrepreneur guidance, L-1A section.
Identify the actual premises, the business’s right to use them, the space and facilities included, and when access begins. Submit complete executed documents and explain material conditions affecting availability. A property listing, unsigned draft lease, or general intention to rent space does not by itself establish that premises have been secured.
If an agreement is signed by the founder, a related company, or another party rather than the petitioning business, explain and document the U.S. operation’s rights to use the premises. Do not leave the officer to infer access merely from common ownership or a personal relationship.
How Much Space Is Sufficient?
USCIS states that the amount of space varies with the nature of the business. The inquiry is practical: describe what will happen there, who will work there, and what facilities the operation needs. The rule does not prescribe one universal office layout for every enterprise.
Professional or consulting services: Explain workstations, meetings, equipment, recordkeeping, and how the actual work arrangements fit the space.
Manufacturing or production: Address production areas, machinery, utilities, storage, and the activities the facility can accommodate.
Distribution or importing: Explain receiving, inventory, packing, storage, and shipping arrangements, including any genuine third-party logistics services.
Retail or customer-facing services: Explain where customers are served, what facilities are available, and how the premises fit the intended service.
A small office may be appropriate for one business model and inadequate for another. If work or storage occurs elsewhere, document those arrangements and explain how the locations function together. Outsourcing a task does not remove the need to explain where and how it will actually be performed.
Evidence That Connects the Premises to the Business
A useful submission brings the property documents and the operating plan together. Depending on the arrangement, relevant evidence may include:
Complete occupancy documents: The signed lease, sublease, workspace agreement, deed, or other records establishing the right to use the location, including relevant schedules and amendments.
Space and facilities: Floor plans, square footage, an explanation of exclusive and shared areas, and descriptions of equipment, storage, meeting rooms, or production facilities.
Current photographs: The exterior, entrance, actual work areas, and facilities relevant to the proposed business. Explain the condition and setup stage shown.
Access and payment records: Rent or deposit receipts, landlord or provider confirmations, possession or access records, and relevant utility or service arrangements.
Business-plan connections: A description of the activities, staffing, equipment, and launch schedule that explains why this location is sufficient.
These are evidence examples, not a requirement that every company submit every item. A genuine prelaunch office does not need a manufactured appearance of mature operations. If equipment or employees are not yet in place, accurately identify what is present, what is planned, and the supporting arrangements.
Make the Premises Part of the Business and Immigration Plan
Choose and document the premises as part of a broader, verifiable business plan. Match the lease cost, available capital, equipment needs, staffing timetable, and proposed executive or managerial role. Explain how the site supports the launch and the operation’s development during the first year.
For example, a plan forecasting a warehouse team and substantial onsite inventory should explain where those people and goods will be accommodated. A small administrative suite alone leaves that question unanswered unless the record also substantiates the necessary logistics or storage arrangements.
Shared Offices, Coworking, and Subleases
The label “coworking,” “shared office,” or “executive suite” does not establish sufficiency by itself. Examine the actual rights and facilities: a dedicated room differs from occasional access to a meeting room, and both differ from mail forwarding. Explain what the business can use, when it can use it, and how the arrangement fits the proposed work.
For a shared location, document the allocated rooms or seats, shared facilities, access terms, capacity, and any process or cost for adding space. Where another company occupies the same address, explain the separation of the businesses and the U.S. operation’s own right to use the premises.
For a sublease, provide the underlying authority to sublet and any consent needed under the agreement. Include relevant portions of the principal lease and explain how the sublease gives the U.S. business the claimed access. The complete arrangement matters; a short confirmation that omits material restrictions may leave the occupancy rights unclear.
Virtual Addresses and Residential Premises
A mailing-address service alone does not demonstrate physical space from which the proposed business can operate. If a provider offers both address services and actual workspace, identify which services the company has contracted for and document the workspace rights. The word “virtual” is less informative than the substance of the agreement.
A proposed residential location requires a careful explanation of usable business space, permission for the intended use, and suitability for the business model. Do not assume that a residential lease establishes the right to conduct the planned commercial activity. As a planning matter, review lease restrictions and applicable local requirements before relying on the location.
Lease Dates, Availability, and Planned Growth
Explain the agreement’s effective date, possession or access date, term, renewal provisions, and any conditions or restrictions material to the business’s use. Reconcile those dates with the petition and launch schedule. A document signed now may still require explanation if access is deferred or the business’s rights remain conditional.
If the business expects to outgrow the initial premises, identify the anticipated trigger and a credible expansion strategy. A future plan for additional space does not replace the obligation to show sufficient secured premises for the operation described in the initial petition. Keep the staffing forecast and premises explanation consistent.
Must the Business Already Be Selling?
No. A qualifying U.S. new-office petition may be filed before sales or services begin. The premises requirement concerns a secured, suitable physical location; it is not a requirement to produce existing U.S. customer sales before the executive arrives. A lease alone, however, does not establish the other new-office requirements.
The petition must also substantiate the business’s resources, qualifying international relationship, employee eligibility, and ability to support an executive or managerial position within one year of approval. See Does the U.S. Business Have to Be Operating Before an L-1 Petition Is Filed?.
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