dismissed EB-1A Case: Sound Design

U.S. Citizenship 
and Immigration 
Services 
In Re : 19335708 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : DEC . 3, 2021 
Form 1-140, Immigrant Petition for Alien Worker (Extraordinary Ability) 
The Petitioner , a sound editor and designer , seeks classification as an individual of extraordinary 
ability . See Immigration and Nationality Act (the Act) section 203(b )(1 )(A), 8 U.S .C. 
§ 1153(b)(l)(A) . This first preference clas sification 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 Nebraska Service Center denied the petition, concluding that the record did not 
establish , as required, that the Petitioner has a qualifying one-time achievement (a major, 
internationally recognized award) , or that he meets at least three of the ten alternate evidentiary criteria 
for this classification. The matter is now before us on appeal. 
The Petitioner bears the burden of establishing eligibility for the requested benefit. Section 291 of the 
Act, 8 U.S.C. § 1361. As set forth below, we will reject the appeal. 
The record reflects that the Form 1-290B, Notice of Appeal or Motion , and the Form G-28 , Notice of 
Entry of Apf earance of Attorney or Accredited Representative accompanying the appeal were signed 
by attorney I and not the Petitioner , in the space s designated for such 
signatures . 
Other than the exceptions specifically provided therein, the regulations do not permit any individual 
who is not the petitioner to sign a benefit request. Specifically , the regulation at 8 C.F.R. § 103.2(a)(2) 
provides : 
Signature. An applicant or petitioner must sign his or her benefit request. However, a 
parent or legal guardian may sign for a person who is less than 14 years old. A legal 
guardian may sign for a mentally incompetent person. By signing the benefit request , 
the applicant or petitioner, or parent or guardian certifies under penalty of perjury that 
the benefit request , and all evidence submitted with it, either at the time of filing or 
thereafter , is true and correct. Unless otherwise specified in this chapter , an acceptable 
signature on [a] benefit request that is being filed with the USCIS is one that is either 
handwritten or, for benefit requests filed electronically as permitted by the instructions 
to the form, in electronic format. 
Part 4 of the Form I-290B (Applicant's or Petitioner 's Statement, Contact Information, Certification, and 
Signature) instructs the filer of an appeal based on a petition filed by an individual to "complete this 
section." This section, however, includes the attorney's telephone number and email address, and bears 
the attorney's signature in subsection 6.a which is designated for the Petitioner's signature . Thus, Part 4 
of the Form I-290B was not completed correctly and lacks the requisite signature of the Petitioner. The 
lack of a proper signature at subsection 6.a invalidates the contents of the "Petitioner's Certification" that 
appears above the signature, in particular the closing sentence which reads, in pertinent part: "I certify, 
under penalty of perjury, that all of the information in my form and any document submitted with it were 
provided or authorized by me, that I reviewed all of the information in, and submitted with, my form, and 
that all of this information is complete, true and correct." In fact, there is no evidence that the Petitioner 
reviewed the Form I-290B, and he did not certify that the information therein is complete, true and correct. 
Therefore, the Petitioner did not complete Part 4 in accordance with the instructions on the Form I-290B. 1 
We observe that the record contains a statement submitted with the Form 1-140 entitled "To Whom it 
May Concern," signed by both the Petitioner and.__ _________ _. which states as follows: 
I, [Petitioner ], resident o~ I Nepal, in my full and conscious capacity, hereby 
authorize ! I A resident of California, USA to sign on my 
behalf, in all the fonns and applications, which are necessary to complete my petition 
for employment related Immigrant Visa to the USCIS. 
I declare that her signing of the necessary documents is fully consented and I will not 
deny or claim against any of her discretionary signature, throughout the process of my 
application . 
I have voluntarily signed and sent this letter tq I via email. 
Her signature is included below in this letter and the letter will be in full force once she 
signs below. 
While we acknowledge that the Petitioner purportedly delegated his attorney to act on his behalf, this 
document does not satisfy USCIS signature requirements. Except as otherwise specifically authorized, 
a benefit requestor must personally sign his or her own request before filing it with USCIS. 2 
1 The Fonn G-28 accompanying the appeal was also not properly executed as it does not bear the Petitioner 's signature. 
According the 8 C.F.R. § 292.4(a), an appearance must be filed on the appropriate form as prescribed by DHS by the 
attorney or accredited representative appearing in each case. The form must be properly completed and signed by the 
petition er, applicant, or respondent to authorize representation in order for the appearance to be recognized by DHS. 
(Emphasis added). 
2 See 1 USCIS Policy Manual B .2, https://www.uscis.gov/policy-manual/volume-l-part-b-chapter-2 ; see also 8 C.F.R. 
§ 103.2(a)(2). 
2 
Finally, we note that the underlying Fonn 1-140 petition was also executed byl ______ _ 
I I and not the Petitioner. 3 Although the Director reviewed the petition based on its merits, the 
petition was improperly filed as it was not properly signed, and thus should have been rejected by the 
Director at the time of filing. 4 
Under 8 C.F.R. § 103.3(a)(l)(iii)(B) and (a)(2)(i), only an affected party may appeal an unfavorable 
decision. Here, the appeal was filed by I ! who is not the "affected party" in 
this proceeding. We will therefore reject the appeal as improperly filed. 
ORDER: The appeal is rejected. 
3 Box 8.a of the Fonn 1-140 petition , designated for the Petitioner 's certification under penalty of perjury , is signed by 
________ __.not the Petitioner. 
4 Pursuant to 8 C.F.R. § 103.2(a)(7)(ii)(A) , a petition which is not properly signed shall be rejected as improperly filed, 
and no receipt date assigned to the petition . 
3