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USCIS Policy Memorandum Designates Matter of O-A- as an Adopted Decision

An April 17, 2017, USCIS policy memorandum designates the decision of the Administrative Appeals Office (AAO) in Matter of O-A-, Inc. as an Adopted Decision. Accordingly, this adopted decision establishes policy guidance that applies to and binds all USCIS employees. USCIS personnel are directed to follow the reasoning in this decision in similar cases.

Matter of O-A-, Inc. clarifies that the 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. If the provisional certificate does so demonstrate, the USCIS will consider the date of the provisional certificate for purposes of calculating post-baccalaureate experience in EB-2 advanced degree cases.

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