The nature of the activity matters. Relationship direction and personal delivery should be described accurately.
Explain what happens during the contact
Identify the applicant’s decisions and who performs the underlying work. Neither a valuable client nor a senior title automatically turns every task into a qualifying duty.
The entities need a qualifying relationship as parent, branch, subsidiary, or affiliate, and for an established-office transfer, business must continue in America and abroad throughout the stay. Collect executed shareholder records, current reporting charts, board resolutions, and evidence showing who controls budgets, personnel, and major decisions. The qualifying relationship is about structure: ownership and control between the U.S. employer and the foreign entity, which a share transfer during a restructuring can change without anyone thinking about immigration. The analysis changes if the investor's shareholders' agreement gives veto rights over major decisions, if shares are issued in a class carrying disproportionate votes, or if the American subsidiary is transferred out of the parent as part of the deal. Executive capacity turns on directing the management of the organization with wide discretion under only general supervision; managerial capacity turns on managing a department, function or subdivision and supervising professional or supervisory staff. The condition that does bind sits on the other side of the border: one continuous year of qualifying employment abroad within the three years preceding the request, in a managerial, executive or specialized-knowledge capacity, with a qualifying related entity.