Yes, if the Canadian company owns more than half of the U.S. company, or half with control, and both continue operating. The relationship is established by the closing documents and the stock ledger, not by the fact of the deal.
Ownership and control after closing, documented
The regulation defines subsidiary in terms of ownership and control: a firm of which a parent owns more than 50 percent and controls it, or owns exactly 50 percent with control, or owns less than half but in fact controls it. After a completed share purchase the Canadian dock-building company is the parent and the marina-services business its subsidiary, provided the shares were actually transferred and consideration paid. The petition also needs the beneficiary’s continuous year of full-time employment with the Canadian company within the three years before filing, in a managerial, executive or specialized-knowledge position, and a U.S.
position that is primarily managerial or executive. Six years as operations manager satisfies the foreign year, so the file’s weight falls on proving the relationship and that both companies remain active. Time she has already spent in the United States on business visits during the qualifying period does not count toward the year abroad, so the payroll record should show continuous Canadian employment.