Describe the executive decisions
Identify the organization or major component directed, policies established and discretion exercised. Explain how the role works in practice. An impressive title without evidence of executive or managerial duties does not establish the category. Create a decision inventory showing who sets policies, controls budgets, directs managers, and handles routine work. The primary function, rather than the seniority of a title, is the relevant fact. Use contemporaneous examples rather than labels alone: a budget approval, a hiring decision, or a policy revision should identify the decision-maker and the employees who carried it out. If the same person completes the resulting operational work, the file should explain its frequency and place in the overall role.
Explain governance accurately
Record decisions reserved to the board and authority delegated to the applicant. A governance document can clarify the structure but should be supported by the actual proposed duties. Do not delete legitimate oversight from the narrative merely to make authority appear unlimited. Match board-reserved matters with the authority exercised between meetings. This avoids claiming limitless discretion or treating ordinary governance safeguards as a complete loss of executive responsibility. Board minutes and delegations should use effective dates that match the petition record. The important distinction is between exceptional matters reserved to owners and the applicant’s ordinary authority to direct the organization. A later resolution cannot silently cure an authority gap that existed at filing.
Show operational support
Identify who performs routine production, service and administrative work. Explain the organization’s size and reasonable needs in context. The transferee should not be described as primarily an executive when the plan actually assigns them most daily operating tasks. Use payroll, workflow, contracts, and reporting lines to show who performs daily production. A small organization can qualify, but the narrative must not hide hands-on work as management. Test the staffing description against payroll dates, vendor agreements, and the work actually assigned to each position. When a contractor performs a central function, retain the agreement and supervisory evidence. The decision is whether support is operationally real rather than an unimplemented chart.
Complete the transfer evidence
Establish the qualifying parent, branch, subsidiary or affiliate relationship and required foreign employment in the relevant period. Review whether the US business falls under new-office requirements. Governance evidence does not replace those independent conditions. Both entities must remain active. A new-office petition is initially limited to one year and requires sufficient premises and capacity to support the managerial or executive role. Order the proof chronologically: ownership, related-company status, foreign employment, and U.S. duties. Eligibility must exist when the petition is filed, not arise through a later plan. Create a dated evidence index for ownership, foreign payroll, role descriptions, and U.S. operations. If a share transfer or job change occurred, identify its genuine effective date and obtain the underlying record. That sequence exposes a missing qualifying fact before the company relies on a narrative to bridge it.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.