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The work abroad and company connection
The regulation generally requires one continuous year of qualifying full-time employment abroad within the relevant preceding three years, alongside the prescribed organisational relationship. Record the actual employment and travel: brief lawful U.S. trips have specific treatment and are not automatically counted as foreign employment.
A licence or supplier relationship does not itself establish the qualifying corporate link. The separate company-relationship guide explains that distinction.
Who will do the customer work?
A qualifying manager’s work concerns managing an organisation or function, with the required authority and discretion. First-line supervision alone does not make someone a manager, subject to the professional-employee qualification. Executive and specialised-knowledge roles have their own elements.
In a fictional launch, a group proposes its technical leader as U.S. manager but supplies only a title and budget. The missing explanation is the real job: technical versus management duties, time allocation, reporting lines, supporting staff and authority. Someone must still perform the customer work while the claimed manager manages.
The new-office plan must support the claimed position
For a new-office manager/executive, the regulation requires sufficient physical premises and evidence that the operation will support the qualifying position within one year of approval, including the proposed organisation and financial ability. Specialised-knowledge new-office provisions differ.
An owner or major stockholder has additional specified temporary-service/assignment-abroad evidence under the cited provision. These are not a generic minimum-investment rule. Founder relocation need not be assumed if the independently assessed staffing plan allows the owner to remain abroad.
Scope
- No role or petition is approved here. Current forms, fees, processing times, blanket routes and admission require separate checks.
Next step
Check the person’s actual foreign employment and U.S. duties against the relevant role before making the launch depend on the transfer.
Sources & review notes
Department of Homeland Security
Passage, dates and research notes
primary · § 214.2(l)(1)–(3), including new-office and owner evidence
one continuous year
Read the complete (l)(1)–(3) scope, not the entire 725KB multi-category section. Distinguish prior employment, qualifying role, active business, new-office executive/manager versus specialised-knowledge evidence and owner/major-stockholder temporary-service evidence. No current form edition, fee, processing-time or petition outcome is verified.
Department of Homeland Security
Passage, dates and research notes
primary · (l)(1)(ii), (l)(3)
qualifying organizations
USCIS policy-manual URL returned 403 during this review; no claim of having reviewed it. Current CFR ownership/control and individual evidence provisions were read.
Detailed rule records (1)
Section 214.2(l) separately requires qualifying-organisation, continuous prior foreign employment and executive/managerial/specialised-knowledge role evidence; new-office and owner/major-stockholder cases add specified evidence.
8 CFR § 214.2(l): intracompany transferee roles and evidence 8 CFR §214.2(l): intracompany transfereesKeep this reading in your learning library.
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