Gather ownership ledgers or membership records, governance documents, payroll or other employment evidence, operating records and a detailed duty history. An owner or major stockholder also needs the applicable evidence that the assignment is temporary.
Keep separate factual questions visible
Company formation proves existence, while ownership records explain control. Neither shows what the founder did each day. Use contracts, staffing records and decision examples to explain the work and who performed delivery.
Label planned U.S. hires separately from existing employees. Counsel can then assess the founder’s employment, management and assignment evidence without having to infer them from ownership alone.
Look beyond the incorporation certificate to the records that show the companies operating as the structure claims. On the corporate side, that generally means share registers and certificates, evidence of consideration paid for shares, director and officer appointments, and the filings made in each jurisdiction. On the operational side, it means the material that shows both businesses trading: contracts, invoices, bank activity, payroll and tax filings.
For the founder personally, it means the employment record abroad — an agreement, payroll and tax documents, and evidence of what the role actually involved. Where the founder has been paid by dividend rather than salary, or where no written employment agreement was ever made, identify that now, since reconstructing an employment relationship from accounting records is possible but takes time and rarely improves with delay.
- USCIS: general eligibility and family
- USCIS: managers and executives
- USCIS: ownership and control
- USCIS: key concepts
- USCIS: filing
- USCIS: documentation and evidence
- USCIS: period of stay
- USCIS: current fee schedule
- USCIS: L spouse employment documentation
- 8 CFR 214.2(l), including owner temporary-assignment evidence