The reporting location alone does not decide eligibility. The applicant’s actual authority and primarily managerial or executive duties need assessment.
Explain the division of decisions
Identify what the applicant controls and what requires approval. Do not assume either complete autonomy or lack of management simply from a cross-border reporting line.
The regulation defines managerial capacity around supervising other supervisory, professional or managerial employees, or managing an essential function at a senior level, together with authority to hire and fire and discretion over daily operations. Where several family members or holding entities are involved, ask counsel to assess control using the actual governance documents rather than the corporate name alone. Executed service agreements, invoices, reporting routines, and evidence of real authority may show that a manager is relieved of routine production, but a vendor does not automatically count as a subordinate. Separately prove a parent, branch, subsidiary, or affiliate relationship, continuing foreign business and either active U.S. business or, for a new office, the ability to commence it, and one continuous qualifying year abroad within the previous three. The qualifying year abroad must be one continuous year of full-time employment with a qualifying organisation inside the three years preceding, so date these records precisely; an approximate month at either end of that year is the weakness a reviewer finds first.