No. The later request requires assessment of the actual operation and applicable requirements. The original plan does not substitute for evidence of current facts.
Explain what exists at the later stage
Show the current role, business activity and support. Explain departures from the forecast accurately. Do not assume either that every missed projection is decisive or that the startup period can simply be repeated without meeting the applicable requirements.
Explain the applicant’s authority, discretion and responsibilities in directing the operation or relevant function. Explain its essential nature, the applicant’s senior role and discretion, and who performs the operational work. Companies often incorporate a United States subsidiary purely because they have been told L-1 requires one, which adds cost and a corporate structure they did not want. Review the employment relationship, location, duties and dates against the applicable qualifying-employment requirements. Where a restart cannot happen first, the alternative is to treat the American entity as a new office and accept the one-year initial approval and the evidence that comes with it, rather than claiming an operating business that does not yet exist. A request fails when the business plan promises a manager while the submitted workload requires that person to perform the day-to-day production work.