For a new applicant currently under examination to be eligible for participation in the CAP Program, the current cycle must be closed, and the subsequent cycle not started on the first day of the applicant’s CAP year.
This rule ensures that the applicant's examination status is clear and that there are no overlapping examination cycles when they begin their CAP year. This helps maintain the integrity and structure of the CAP Program by ensuring that all participants start with a clean slate.
Sources:
IRM Part 4. Examining Process. Chapter 46. LB&I Examination Process. Section 5. Resolving the Examination
