dismissed EB-1A Case: Not Specified

U.S. Citizenship 
and Immigration 
Services 
In Re: 20577737 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: MAR. 10, 2022 
Form I-140, Immigrant Petition for Alien Worker (Extraordinary Ability) 
The Petitioner seeks classification as an individual of extraordinary ability. See Immigration and 
Nationality Act (the Act) section 203(b )(1 )(A), 8 U.S.C . § l 153(b Xl)(A). This first preference 
classification makes immigrant visas available to those who can demonstrate their extraordinary ability 
through sustained national or international acclaim and whose achievements have been recognized in 
their field through extensive documentation. 
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had 
satisfied only two of the ten initial evidentiary criteria, of which he must meet at least three. See 8 
C.F.R. § 204.5(h)(3)(i)-(x). 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. See 
Section 291 of the Act, 8 U.S.C. § 1361. As set forth below, we will reject the appeal. 
The record reflects that attornevl I who represented the Petitioner in the prior filing of 
Form I-140, filed Form I-290B (Notice of Appeal or Motion) . However, her Form I-290B was not 
accompanied by the required Form G-28 (Notice of Entry of Appearance as Attorney or Accredited 
Representative). 1 Although we sent a notice tol I informing her that we considered the 
Petitioner to be self-represented in the appeal proceeding because she did not submit a properly 
executed Form G-28l did not respond to our notice. 2 
Accordingly, the appeal itself must be rejected as improperly filed. Part 4, Section A of Form I-290B 
(Applicant's or Petitioner's Statement, Contact Information, Certification , and Signature) instructs the 
filer of an appeal based on an application or petition filed by an individual to complete this section. 
provided her information and signed her name in the Petitioner's signature box (subsection A.8.a). 
However , without a properly executed Form G-28, Form I-290B lacks the requisite signature from an 
1 Although! indicated onFormI-290BthatForm G-28 was attached, the record does not reflect that Form G-28 
was submitted with the appeal. 
2 In contrast to theappealnowbefore us, the Petitioner's initialfilingofFonn I-140 was accompanied by Form G-28 that 
was properly signed by both and the Petitioner. ThatFonn G-28, however, is not valid for the subsequent appeal 
of the Director 's denial decision, which requires the filing of a new Fonn G-28. See 8 C.F.R. §§ 103 .3(a)(2)(v)(A)(2)(i) 
and 292.4(a). 
authorized signatory. 3 Moreover, the absence of a proper signature invalidates the contents of the 
"Petitioner's Certification" that appears above the signature, in particular the closing sentence which 
reads, in pe1iinent part, as follows: "I ce1iify, under penalty of perjury, that I have reviewed this form 
... and all of this information is complete, true, and correct." In the alternative, we cannot consider the 
appeal filed by the Petitioner because the form does not contain his information and his signature, 
certifying that the information therein is complete, true, and correct. In fact, there is no evidence that the 
PetitionerreviewedFonn I-290B. 
Here, the only signature on Form I-290B is that of ,I who is not the "affected party" in this 
proceeding, notwithstanding her initial representation of the Petitioner, and therefore does not have legal 
standing to file the appeal. See 8 C.F.R. § 103.3(a)(l)(iii)(B). Further, the regulation at 8 C.F.R 
§ 103.3(a)(2)(v)(A)(l) states that "[a]n appeal filed by a person or entity not entitled to file it must be 
rejected as improperly filed. In such a case, any filing fee the Service has accepted will not be retumed."4 
Since ldidnot submit a properly executed Form G-28 with the appeal and the Petitioner did not 
file the appeal as the "affected party" in this proceeding, we will reject the appeal. 
ORDER: The appeal is rejected. 
3 The instructions for Form I-290B state that "[e]very form MUST contain the signature of the applicant orpetitioner(or 
parent, legal guardian, or authorized signatory, if applicable). See https://www.uscis.gov/i290b (last visited March 10, 
2022). 
4 The regulation at 8 C.F.R. § I 03.3(a)(2)(v)(A)(2)(i) further provides that "[i]f an appeal is filed by an attorney or 
representative without a properly executedNoticeofEntry of Appearance as Attorney or Representative(Forrn G-28) entitling 
that person to file the appeal, the appeal is considered improperly filed. In such case any filing fee the Service has accepted 
will not be refunded regardless ofthe action taken." 
2