Dismissed
EB-1B
EB-1B Dismissed — Software Engineering: the appeal was rejected as improperly filed, which is
Decision Summary
The appeal was rejected as improperly filed, which is effectively a dismissal on procedural grounds. The AAO found that the underlying petition, the notice of appeal, and the notice of legal representation (Form G-28) were all signed by an attorney on behalf of the petitioner, not by an authorized official of the company itself. This failure to comply with regulatory signature requirements rendered the filings invalid.
Criteria Discussed
Improperly Filed Appeal (8 C.F.R. § 103.3(A)) Signature Requirements For Petitions (8 C.F.R. § 103.2(A)(2)) Signature Requirements For Notice Of Representation (8 C.F.R. § 292.4(A))
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