Document the delay as a factual, dated event, including correspondence with the utility or municipality and any revised timeline, rather than omitting it or describing the office as already operational.
Record the delay, not just the eventual outcome
Keep copies of the original lease timeline, the notice of the easement or utility issue, and any amended agreement or alternative site considered. A later, tidier account that skips the disruption may look inconsistent if the reviewer compares it against dated correspondence, so preserve the actual sequence of events.
Preserve a dated chain from site selection through resolution: draft and signed leases, title or easement material, utility correspondence, rent commencement terms, revised possession dates, and proof of any alternate premises considered. An initial new-office petition does not require the U.S. entity to be operating yet, but it needs secured physical premises, evidence addressing the size of the U.S. investment and the foreign entity’s financial ability to remunerate the beneficiary and commence business, plus an L-1A plan supporting managerial or executive duties within one year. Hiding a known premises obstacle is the recurring mistake.
Hypothetical example: a Clarence-Rockland refrigerated-produce distributor signs space for an American cold-storage affiliate, then learns that an access easement prevents the planned electrical upgrade. The company keeps the landlord’s notice, engineer’s assessment, amendment negotiations, and a conditional agreement for backup space. Its filing identifies which location is actually secured on the filing date and revises hiring and opening assumptions accordingly. It does not use photographs of empty rooms to imply that refrigeration operations have started when utility work remains unresolved.