Request the same formal records that any transfer would need: dated employment history, ownership and control documents, and a specific description of the proposed U.S. duties, regardless of how informally the arrangement was discussed.
Formalize an informal arrangement on paper
Document genuine current agreements with their actual dates and retain existing records of past ownership and employment. Do not backdate new records to imply a historical relationship that did not exist. Label retrospective explanations clearly and support them with available contemporary evidence. A newly signed agreement cannot by itself establish the required past employment or corporate facts.
Ordinary operating records on both sides: tax filings, financial statements, payroll registers, customer invoices, premises leases and evidence of regular commercial activity. The package must also establish qualifying employment abroad for one continuous year within the relevant three-year window and the parent, subsidiary, branch or affiliate link between operating foreign and US entities. Line up the payroll statements, the employment agreement, tax slips and any pension or benefits statement, and for each one note the entity named, the period covered, and the instrument connecting that entity to the present employer.