For foreign employers seeking to send executive or manager or an employee with specialized knowledge to the United States to be employed in a qualifying new office, the employer must show that:
- The employer has secured sufficient physical premises to house the new office ;
- The employee has been employed as an executive or manager or specialized knowledge employee for one continuous year in the three years preceding the filing of the petition; and
- The employer has the financial ability to compensate the employee and begin doing business in the United States; or
- The intended U.S. office will support an executive or managerial position within one year of the approval of the petition.