I am director of a company in India, and wish to set up a new office in the U.S. I hope to come to the U.S. in L1A status to start operations. I expect to hire 8 or 9 employees for about 10-11 months. Can I wait to lease the office space until I need it?

Answer

One of the requirements for an L1A new office is to demonstrate that the company has secured sufficient physical premises to house the new office. The USCIS interprets this to mean that, at the time of filing the new office petition, the petitioner must have enough physical space for the employees the company projects it will hire. The USCIS generally will not approve an L-1 new office case based on the promise to lease the necessary space in the future. (01.Sep.2022)

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