No. The employer must demonstrate the applicable extension requirements using the actual business and role. The initial new-office approval, limited to one year, does not guarantee that the operation will qualify for more time.
Assess what exists now
Review current business activity, staffing, finances and the beneficiary’s day-to-day responsibilities. The question is whether the role is supported as executive or managerial, not simply whether growth occurred. Confirm the qualifying foreign operation and corporate relationship as well.
If the business differs from its original plan, counsel needs that information early to assess the extension on accurate facts. Nothing about a first approval carries forward automatically, and the extension is assessed on what exists at that point rather than on what was projected a year earlier. Establish the current position honestly before any drafting begins.
Is the business doing business in the sense of regularly, systematically and continuously providing goods or services? What does it actually sell and to whom? Who does it employ, and does the staffing support a role that is managerial or executive rather than operational?
Where the answer to any of these is weaker than the plan anticipated, that needs to be understood now, since the options for addressing it narrow as the filing date approaches. The requirements concerning the qualifying relationship and the individual's capacity apply afresh and are not satisfied by the earlier approval.