Eligibility framework
What the plan must make credible
- The U.S. entity has sufficient physical premises and a defined, lawful operating model suited to the proposed business.
- The foreign organization and U.S. entity maintain the required ownership and control and will continue doing business as required.
- Capitalization, projected revenue, contracts, expenses, and hiring are proportionate to the actual launch plan and market.
- Within the permitted new-office period, the U.S. operation can support a position that is primarily managerial or executive.
