Filing for H-1B Visa, yet haven't received your diploma?
Changing your status to having a H-1B work visa can be tedious and very time sensitive due to the H-1B quota filling up quickly. The quota for H-1B visas per year is 65,000 with an additional 20,000 U.S. master's quota. It is suggested that one's application for an H-1B working visa be entered on April 1 in order to meet the deadline, yet some students have not received their diploma. Students who have fulfilled their requirements, yet have not been given their diploma, can petition and show evidence from an authorized person at the university. In most cases, a transcript from the school outlining completed coursework as well as a letter from the university will suffice. USCIS has approved petitions in these cases where students have fulfilled the requirements towards a degree. Submitting the petition prior to fulfilling the requirements of the degree may result in the denial of the petition by USCIS.
USCIS may deny the petition on multiple grounds:
An established petitioner does not provide documentation, such as a tax identification number, tax returns, or financial statements
a bachelor’s degree or higher degree or its equivalent is normally the minimum requirement for the particular position
the degree requirement is common in the industry for the position
the job is so complex or unique that it can be performed only by someone with at least a bachelor's degree in a field related to the position
the employer normally requires a degree or its equivalent for the position, or
the nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree.