Law Offices of Stuart J. Reich, PLLC

Practice Limited to Immigration & Nationality Law

11 Broadway, Suite 615
New York, NY 10004

(212) 430-6582 phone
(212) 430-6583 facsimile

Do I need a physical office space for my new company in order to get a visa, or can I work from a home office?

Q: Do I need a physical office or other commercial space to start my company in the US, or can I just work from a home office?

A: It depends on the non-immigrant visa type being used to start the US office. For a new-office L-1A or an E-2, USCIS will want to see that you have sufficient physical space to conduct your business. This will typically mean presenting a commercial lease for office, warehouse, and/or retail space (whichever is appropriate to your type of business) with sufficient proof that the space is appropriate (size mentioned in the lease, photos of the outfitted space, etc.)

An H-1B requires a work site address, and USCIS has been known to ask for the same information from newer/smaller companies in this context as well.

A home office will generally not satisfy USCIS – often, the residential lease will specifically state that the space cannot be used for commercial purposes.

Contact us here to arrange a consultation, to inquire about retaining us to handle your immigration matter, or simply to suggest topics you would like to see covered on our site.

The above is presented for informational purposes only, and does not constitute legal advice or create an attorney-client relationship with our firm. The information provided should not be used as guidance in pursuing an immigration matter absent consultation with a qualified immigration attorney.