Raise it during negotiation, before the constitutional documents are settled. A 50/50 joint venture can qualify when the foreign parent has equal control and veto power, so those rights should be drafted and reviewed before closing rather than reconstructed later.
The window is open only while the documents are draft
Owners often treat staffing as an implementation detail to be handled after the deal closes, and the deal is exactly what determines whether the staffing plan is possible. Put the question on the agenda at the point where the structure is being designed: if we need to move our own people into this entity, what does the ownership have to look like. The other side may have no objection, or may have its own reasons to resist, but the conversation is straightforward while everything is still being drafted and awkward afterwards.
Also start the transferee's employment-record work at the same time, since the qualifying year concerns a period that is already fixed. Hypothetical example: Nia is scheduled to take over a U.S. affiliate that distributes veterinary imaging equipment after its retiring president leaves.
A timing review starts with the proposed handover date, then tests whether the foreign qualifying year falls inside the relevant lookback and whether the business records can be obtained in time. Payroll history and organization charts often set the pace, not the intended start date. Build a buffer for follow-up requests and consular scheduling where relevant.
The route is temporary and has an aggregate seven-year ceiling for managerial or executive transferees, so the calendar should also show how the assignment fits within that maximum.