Businesses move for many reasons. A company may need a larger office, reduce its office space, strategically move to another city, or merge with another company. If your company employs an L-1 employee (or if you are an L-1 employee), you may wonder whether moving the business to a new location requires the company to file a new or amended L-1 petition with USCIS.
In many cases, the answer is no.
A simple change of business address does not necessarily require the company to file a new or amended Form I-129 with USCIS. However, that does not mean the address change itself should simply be ignored.
In this article, we will discuss what the L-1 company should do when it moves to another location.
- A routine office move that does not create a material change in operations or the L-1 role generally does not require an amended Form I-129.
- A material change includes shifts in the qualifying corporate relationship, ownership, or the L-1 employee’s duties or capacity that affect L-1 eligibility.
- Even without an amendment, companies should notify USCIS of the new business address and keep documentation of the move to avoid issues during USCIS site visits or reviews.
Does a Business Address Change Require an Amended L-1 Petition?
When an Amended L-1 Petition Is Required
For L-1 cases, an amended petition is generally required when there is a significant/substantial change—what we call a “material change” in the L visa world—that affects the company’s or the employee’s eligibility for L-1 classification.
For example, an amended petition may be required if there is a change in the qualifying corporate relationship between the foreign company and the company in USA, a change in the L-1 employee’s employment capacity, or another change that affects whether the employee continues to qualify for L-1 status.
Why a Routine Office Move Is Usually Not a Material Change
A routine office move itself, however, does not necessarily rise to the level of material change.
For example, assume an established L-1 company moves from one office building to another. But the company remains the same legal entity (e.g. same FEIN), the ownership structure and qualifying relationship are also unchanged. And The L-1 employee continues working in the exactly same managerial or executive position.
Under those circumstances, the change of street address by itself generally should not require a new or amended L-1 petition.
How L-1 Rules Differ From H-1B Worksite Requirements
This is different from certain H-1B cases, where moving an employee to a new work location can trigger specific LCA and amended petition requirements. The L-1 rules do not have the same type of worksite-based requirement.
When the Reason for the Move Still Matters
However, the purposes and/or reasons of the move would be still matter. If the relocation affects the company’s operations or the underlying L-1 eligibility, it could be considered a ‘material change.’
So, the real question is not whether the street address changed, but whether the move affects continued L-1 eligibility.
Even If an Amendment Is Not Required, Should You Notify USCIS?
Yes. As a practical matter, we generally recommend notifying USCIS when an L-1 company changes its primary business address, even if the move does not require the filing of a new or amended Form I-129.
A short, like one page, short written notification can be very useful to create a clear record that company informed USCIS of the move.
This can become important later.
How a USCIS Site Visit Can Expose an Unreported Move
For example, USCIS may conduct a site visit at the business address listed in the previously approved petition. If the company has already moved but USCIS has not been informed, an officer arriving at the old location may find an empty office or learn that the company is no longer there.
That does not necessarily mean the company stopped doing business. But it can create unnecessary questions and/or suspicions that may later need to be explained during an L-1 extension or another USCIS review.
Records to Keep After an Office Relocation
The company should also keep documents showing the move, such as the new lease or office agreement, rent invoices from the landlord, bank statements showing rent payments, etc. These documents will help prove the company’s continuous operations at both the old and new locations.
Pending Petitions and Personal Address Changes
If an L-1 petition is currently pending when the company moves, it is also important to make sure that USCIS has the correct address for the pending case so that important notices and correspondence are not sent to the wrong location.
Keep in mind that the company’s business address is also different from the L-1 employee’s personal residential address. If the employee personally moves to a new residence, separate USCIS address-reporting requirements may apply.
What Should an L-1 Company Do After Moving Offices?
Moving an L-1 company to a new business location does not automatically mean that the company must file a new or amended L-1 petition.
If the company remains the same, continues doing business, and there is no material change affecting the employee’s L-1 eligibility, then a mere office relocation generally should not require an amended Form I-129.
However, we do not recommend simply doing nothing after the company changes its office address.
As a practical matter, the company should consider sending USCIS a short written notice of the new business address and keeping a copy of that notice for its records. The company should also keep documents showing the new office location and its continued business operations.
Taking these relatively simple steps can help avoid unnecessary questions later, particularly during an L-1 extension, a USCIS site visit, or another review.
Talk to an L-1 Attorney Before Your Office Move
Planning an office relocation, merger, or restructuring while employing L-1 workers? Scott Legal, P.C. can assess whether the change affects L-1 eligibility, prepare a written notice of your new business address for USCIS, or file an amended Form I-129 when one is required. Schedule a consultation with our team to plan your move with confidence.
