No. The qualifying organization’s continuing business requirements remain relevant. Review the actual U.S. and foreign operations rather than focusing only on the applicant’s new location.
Assess the organization as it actually exists
Identify the legal entities, qualifying relationships and actual goods or services provided. An old corporate chart or retained registration does not by itself establish continuing business. Two separate requirements are in play and they fail differently.
The qualifying relationship is about structure: ownership and control between the U.S. employer and the foreign entity, which a share transfer during a restructuring can change without anyone thinking about immigration. The doing-business requirement is about activity in the United States and in at least one other country for the relevant period, and it lapses quietly as operations wind down.
Check them separately, with different documents. Hypothetical example: a pharmaceutical labelling artwork studio sells its foreign subsidiary to management while keeping a supply contract with it; the contract preserves a customer relationship, not a qualifying corporate one, and the file needs to state which entity now supplies the required foreign side. Where the answer is that none does, that is a fact to bring to counsel early rather than at a renewal.
Date every structural document, because the relationship is examined across a period rather than on the day of filing, and an undated organisation chart settles nothing about when control changed hands.