Describe the proposal accurately and have the eventual structure assessed when its actual terms are known. Do not present a future entity or rights as already effective.
Coordinate the legal structure and transfer sequence
Identify the actual employer at each stage, the relevant relationship and what remains unresolved. An announced project start does not establish the required corporate facts or authorize the applicant’s work.
Long enough to form the entity, sign a lease, gather three years of payroll and prepare the petition before filing, plus USCIS processing time and, for a Canadian citizen, the border or consular step. Where the American entity has been doing business for less than a year the initial approval runs for one year, and after that extensions are granted on the record of what the operation actually did. A new-office proposal needs evidence of premises and a realistic plan for the operation to support the claimed role after the initial approval period. The transferee must have been employed by a qualifying entity outside the United States for one continuous year within the three years before filing. A calendar anniversary cannot be used to bypass the new-office foreign-capacity requirement if the actual facts still fall within it.