Work abroad
Foreign entity operations
Whether the foreign company is real, operating and structured to support the role abroad, and keeps doing business.
What USCIS is questioning
- Whether the foreign employer, or another qualifying entity abroad, is still doing business and will continue until the visa is issued or status is adjusted.[1]
- High confidence Whether the foreign company's structure and staff supported a managerial or executive role while the person worked there.[1,2]
The legal standard
- The Policy Manual requires the U.S. employer and at least one qualifying organization abroad to keep doing business until visa issuance or adjustment; if all operations abroad cease, the beneficiary is no longer eligible.[1]
- 'Multinational' means the qualifying entity, or its affiliate or subsidiary, conducts business in two or more countries, one of them the United States (8 CFR 204.5(j)(2)).[3]
- Matter of F-M-: a foreign employer restructured before filing can continue through a valid successor that keeps doing business.[4]
How the request usually reads
- Interpretation RFEs often ask for recent evidence that the foreign company is operating, and for its organizational chart and staff list during the person's employment.[1,2]
Evidence petitioners often provide
- Interpretation Recent tax filings, financial statements, invoices or business licenses of the foreign entity.[1]
- Interpretation The foreign organizational chart and payroll showing the staff under the person.[2]
- Interpretation Merger or restructuring documents showing a successor, if the foreign employer changed form.[4]
Where responses go wrong
- Winding down the foreign company after the manager moves, before the green card is issued.[1]
AAO decisions on this issue
- Matter of F-M- Co., Adopted Decision 2020-01 (AAO May 5, 2020)
A merged foreign employer continued to exist and do business through its successor, so the relationship and doing-business requirements were met.
- AAO non-precedent decision, Form I-140 multinational manager or executive, In Re: 43475714 (June 24, 2026)
The foreign role wasn't shown to be managerial because the foreign subordinates weren't documented.
This information is for general informational purposes and is not legal advice. It does not create an attorney-client relationship and does not predict the outcome of any individual case.
Sources
- 1.USCIS Policy Manual, Volume 6, Part F, Chapter 4 — Multinational Executive or ManagerUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
- 2.AAO non-precedent decision, Form I-140 multinational manager or executive, In Re: 43475714 (June 24, 2026)USCIS Administrative Appeals Office · AAO decision · Published Jun 24, 2026 · Checked Sep 27, 2026
- 3.8 CFR 204.5 - Petitions for employment-based immigrantseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 4.Matter of F-M- Co., Adopted Decision 2020-01 (AAO May 5, 2020)USCIS Administrative Appeals Office · AAO decision · Published May 5, 2020 · Checked Sep 27, 2026