1. A documented qualifying relationship, such as parent, subsidiary or affiliate, between the U.S. and Foreign Entity that demonstrates one of the following:

1. The U.S. company is the Parent company to the foreign company OR the foreign company is a Parent company of the U.S. company. 

2. The U.S. and foreign company are Affiliates i.e. under common ownership: 

1. The U.S. and foreign company are sister companies/affiliates through a common parent, or

2. The U.S. company and the foreign company have common individual owners with common ownership interests.

3. Showing the U.S. company is a branch of the foreign company.

4. Subsidiary – show foreign company owns, controls or significantly influences U.S. entity margin is 50%.

2. Substantial evidence that both the U.S. and Foreign Entity are real and operating, is required including:

1. Business formation documents;

2. Share/membership certificates;

3. Organizational Charts;

4. Tax returns/financial statements;

5. Bank statements;

6. Payroll reports;

7. Contracts/MSA/Letter of Intent/Invoices; 

8. Among other documentation.

3. The Executive or Manager must have been employed for the company abroad in a qualifying executive or managerial role for at least one year within the last three years AND be coming to the U.S. to work in a qualifying managerial or executive capacity. Substantial evidence that both the foreign and U.S. roles are managerial or executive is required, including:

1. Organizational charts listing the names, titles and degrees of all direct and indirect reports for both offices.

2. Credentials of direct reports.

3. Evidence of overseeing, managing and directing employees including firing authority.

4. Budgetary, signatory and sign off responsibilities.

5. Evidence of creation of processes, procedures, training and other evidence of managerial and executive authority. 

6. Beneficiary’s qualifications i.e. job offer, educational documentation, resume/CV and evidence of one year employment 

7. Among other documentation.

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