The L-1A Visa and WeWork: A Smart Strategy for Office Space Compliance

For multinational businesses looking to establish a presence in the United States, the L-1A visa is a valuable tool. Designed for executives and managers transferring from a foreign entity to a U.S. branch, subsidiary, or affiliate, the L-1A visa facilitates business expansion. However, a key challenge companies face is meeting the USCIS office space requirement. A well-structured WeWork lease agreement can help ensure compliance and support a successful petition.

Understanding the L-1A Visa Office Space Requirement

To qualify for an L-1A visa, businesses must demonstrate that they have secured a legitimate physical office space in the U.S. that is sufficient to support their operations. USCIS evaluates whether the space meets the following criteria:

• A legally binding lease agreement demonstrating access to a physical workspace.
• Evidence that the space is suitable for the intended business activities.
• Proof that the location can support the planned expansion and hiring of employees.
• A business plan that outlines how the office space will facilitate growth.

Many new businesses hesitate to commit to long-term commercial leases due to high costs and uncertainty in expansion plans. This is where co-working spaces like WeWork present a strategic advantage.

Can You Use a WeWork Office for an L-1A Visa?

Yes! USCIS accepts co-working spaces as long as they meet compliance requirements. Over the past few years, flexible office spaces have gained traction as viable business solutions, making them a strong option for startups and international businesses entering the U.S. market.

How WeWork Helps Meet USCIS Office Space Requirements

1. Legally Binding Leasing Agreement
   USCIS requires a formal lease agreement as evidence of a business’s operational presence. WeWork provides legally binding license agreements that explicitly state the company’s name as the lessee, making it compliant with USCIS standards.To ensure compliance, your WeWork lease should include:
   • A formal license agreement listing the petitioning company’s name.
   • A detailed description of the office space allocated for business use.
   • A minimum lease term of six to twelve months, demonstrating long-term operational plans.
   • Documentation of exclusive or dedicated office space, if available.
   • Proof of business address registration and mail-handling services.
2. Physical Presence and Operational Use
   USCIS requires proof that the company is actively using the office space for its operations. A WeWork agreement can be strengthened with:
   • Meeting room bookings and reservations that showcase active business engagement.
   • Mail handling and business address registration, proving a functioning business location.
   • Employee workspace assignments, demonstrating a structured operational setup.
   • Photos of the office setup, showing branding or exclusive usage of the space.
3. Scalability and Business Growth Compliance
   WeWork provides flexible solutions that allow businesses to expand operations as needed. USCIS favors office arrangements that can accommodate business growth, making WeWork’s adaptable spaces an excellent choice.Key compliance considerations include:
   • Planned office expansions, such as upgrading to larger offices within WeWork.
   • Employee hiring projections, aligning workspace needs with business growth.
   • Business plan alignment, detailing how the office space supports operations.
   • Letters of intent for future lease expansion, demonstrating long-term business viability.
4. Credibility and Professional Image
   WeWork locations in key U.S. business hubs (New York, San Francisco, Los Angeles) enhance a company’s credibility. This plays a crucial role in satisfying USCIS that the business has a serious and professional presence in the country.Having an office in a prestigious business district also strengthens an L-1A petition by:
   • Building trust with USCIS reviewers, demonstrating legitimacy.
   • Providing a professional setting for client and partner meetings.
   • Creating networking opportunities, facilitating business development.

Strengthening Your L-1A Petition with a WeWork Agreement

To ensure USCIS approval, follow these best practices when using a WeWork lease:

• Include a formal WeWork license agreement listing the company as the lessee.
• Provide proof of business operations, such as meeting room reservations and employee workspace usage.
• Submit a detailed business plan linking office space to business expansion strategies.
• Demonstrate financial viability, showing the ability to maintain office lease payments.
• Provide letters of recommendation from industry experts or partners to further validate business credibility.

Overcoming Potential Challenges with USCIS

While USCIS does accept WeWork agreements, businesses should be prepared to address common concerns, such as:

• Exclusivity of Space: Opting for private offices over shared desks helps strengthen the case.
• Long-Term Viability: A lease commitment of at least six months is recommended.
• Operational Documentation: Keeping records of office usage can help in case of RFEs (Requests for Evidence).
• Demonstrating Business Growth: Showing client acquisition and increased revenue projections reinforces credibility.

Case Study: Success with a WeWork Agreement

A foreign software company expanding into the U.S. applied for an L-1A visa using a WeWork lease in Silicon Valley. By ensuring compliance with USCIS office space requirements, the company successfully demonstrated:

• A dedicated private office, secured through a 12-month lease agreement.
• Meeting room reservations and business mail services showcasing active operations.
• A business plan outlining employee growth and long-term leasing strategies.

The petition was approved, highlighting the effectiveness of a well-prepared WeWork lease in meeting L-1A visa office space requirements.

Conclusion

For entrepreneurs and executives seeking an L-1A visa, securing a WeWork lease agreement or similar co-working space presents a cost-effective, compliant, and strategically advantageous solution to satisfy USCIS office space requirements. Unlike traditional lease agreements, which may pose financial and operational challenges for startups and newly established businesses, co-working spaces offer the necessary flexibility and affordability while still meeting regulatory expectations.

By choosing a co-working space, companies can demonstrate a legitimate U.S. presence, ensuring proper documentation and alignment with USCIS criteria. Additionally, integrating the office space into a well-structured business plan strengthens the overall L-1A petition, reinforcing the company’s long-term growth strategy in the U.S. market.

Ultimately, leveraging a co-working space not only facilitates compliance with immigration regulations but also enhances operational efficiency, allowing businesses to focus on scaling their presence in the United States while maintaining financial prudence.

Need Help with Your L-1A Visa?

Navigating the U.S. immigration system can be complex. If you need guidance on structuring your L-1A visa application and ensuring WeWork lease compliance, contact us. We are here to help you successfully expand your business into the U.S.