Important H-1B Update: US employers must file H1B petitions for those selected in the H1B lottery before June 30.
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Important H-1B Update: US employers must file H1B petitions for those selected in the H1B lottery before June 30. Litwin & Smith has a long history of success guiding businesses through the filing process. Please contact us today for a free 10-minute consultation.

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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