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FY 2022 H-1B Cap Registration Begins March 8, 2021

The FY 2022 H-1B Cap Registration period will begin March 8, 2021, and end March 26, 2021.

The new H-1B cap registration final rule (86 FR 1676) modifying the H-1B cap selection process, amending current lottery procedures, and prioritizing prevailing wage takes effect on March 8, 2021. Our firm expects this to be the start date of the 2022 H-1B cap registration period, even if Biden withdraws the final rule.

USCIS Policy Memo Degree Completion Date Governs

Applicable to H1B or EB green cards.

USCIS Policy Memo Matter of A-T-, Inc states the degree earned date rules https://www.uscis.gov/sites/default/files/files/nativedocuments/2017-4-17_PM-602-0144_Matter_of_O-A-Inc-_AAO_Adopted_Decision_2017-03.pdf

(1) U.S. Citizenship and Immigration Services (USCIS) must conduct a case-specific analysis to determine whether, at the time a provisional certificate is issued, a beneficiary has completed all substantive requirements to earn the degree and the university or college has approved the degree. USCIS must consider evidence presented regarding the individual nature of each university’s or college’s requirements for each program of study and each student’s completion of those requirements.

(2) If a petitioner establishes that, as of the date the provisional certificate was issued, the beneficiary had met all substantive requirements for the degree and that the degree was approved, USCIS will consider the date of the provisional certificate for purposes of calculating post-graduate experience.

The Director of the Nebraska Service Center found that, based on the issuance date of the Beneficiary’s bachelor’s degree diploma, the Beneficiary could not show, as required, a minimum of five years of post-baccalaureate experience to establish that she possesses the equivalent of an advanced degree.

On appeal, the Petitioner contends that the Beneficiary does have the five years of post-baccalaureate experience, when measured from the date she received a provisional certificate demonstrating her degree was complete and approved and not from the date when the diploma itself was later issued.

Upon de novo review, we will sustain the appeal.

The designated AAO decision in Matter of A-T-, Inc. as an adopted decision applies to USCIS employees adjudicating petitions.

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