dismissed EB-1A Case: Unknown

U.S. Citizenship 
and Immigration 
Services 
In Re: 22654470 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JAN. 23, 2023 
Form 1-140, Immigrant Petition for Alien Workers (Extraordinary Ability) 
The Petitioner seeks classification as an alien of extraordinary ability. See Immigration and Nationality 
Act (the Act) section 203(b)(l)(A), 8 U.S .C. § 1153(b)(l)(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 Texas Service Center Director denied the Form 1-140, Immigrant 
Petition for Alien Workers, concluding that the Petitioner did not establish that they received a major, 
internationally recognized award, nor did they demonstrate that they met at least three of the ten 
regulatory criteria . The matter is now before us on appeal. The Petitioner bears the burden of proof to 
demonstrate eligibility by a preponderance of the evidence. Section 291 of the Act; Matter of 
Chawathe, 25 l&N Dec. 369, 375 (AAO 2010). We review the questions in this matter de novo. 
Matter of Christo 's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, we will 
dismiss the appeal. 
U.S. Citizenship and Immigration Services (USCIS) requires a valid signature on certain documents filed 
with the agency (request). 8 C .F.R. § 103.2(a)(2). Unless specifically authorized, a benefit requestor 
must personally sign his or her own request before filing it with USCIS. Here, the Petitioner's counsel 
signed the Form l-290B , Notice of Appeal or Motion in both the Petitioner's portion (Part 4.6.a.) as well 
as the preparer's portion (Part 6.8.a.). Consequently , we do not recognize this Form l-290B as being 
properly executed or filed, nor do we recognize the appeal to have been properly filed by an affected 
party with legal standing in these proceedings. 8 C.F.R. § 103.3(a)(l)(iii)(B}-(2)(i). 
Based on this issue, we conclude that this signature is deficient, and we will dismiss this appeal as 
improperly filed. According to 8 C .F.R. § 103.2(a)(7)(ii)(A), USCIS will reject a request that does 
not bear a valid signature when it receives the request. Likewise, it stands that a request without a 
valid signature that USCIS does not discover until a later date also will not be considered as properly 
filed. See generally 1 USCIS Policy Manual B.2(A), https ://www.uscis.gov /policymanual. Once 
USCIS initially accepts a benefit request and subsequently discovers a deficient signature, the matter 
is denied or dismissed rather than rejected. See generally I USCIS Policy Manual, supra, at B.2(A). 
ORDER: The appeal is dismissed.