dismissed EB-2 NIW Case: Entrepreneurship

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JAN. 18, 2024 In Re: 28425288 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, an entrepreneur, seeks classification as a member of the professions holding an 
advanced degree or of exceptional ability, Immigration and Nationality Act (the Act) section 
203(b )(2), 8 U.S.C. § 1153(b )(2). The Petitioner also seeks a national interest waiver of the job offer 
requirement that is attached to this employment based second preference (EB-2) classification. See 
section 203(b )(2)(B)(i) of the Act, 8 U.S.C. § 1153(b )(2)(B)(i). U.S. Citizenship and Immigration 
Services (USCIS) may grant this discretionary waiver of the required job offer, and thus of a labor 
certification, when it is in the national interest to do so. See Poursina v. USCIS, 936 F.3d 868 (9th 
Cir. 2019) (finding USCIS' decision to grant or deny a national interest waiver to be discretionary in 
nature). 
The Director of the Texas Service Center denied the petition. The matter is now before us on appeal. 
8 C.F.R. § 103.3. The Petitioner bears the burden of proof to demonstrate eligibility by a 
preponderance of the evidence. Matter of Chawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). We 
review the questions in this matter de novo. Matter ofChristo 's, Inc. , 26 I&N Dec. 537, 537 n.2 (AAO 
2015). Upon de novo review, we will dismiss the appeal. 
The regulation at 8 C.F.R. § 103.2(a)(2) provides that "[u]nless otherwise specified in this chapter, an 
acceptable signature on a benefit request that is being filed with the USCIS [U.S. Citizenship and 
Immigration Services] is one that is either handwritten or, for benefit request filed electronically as 
permitted by the instructions to the form, in electronic format." 1 
The USCIS Policy Manual provides that in "general, any person requesting an immigration benefit 
must sign their own immigration benefit request, and any other associated documents, before filing it 
with USCIS." See generally I USCIS Policy Manual , supra, at C.1 ( citing to 8 C.F .R. § 103 .2( a)(2) ). 
USCIS policy explains that a valid signature is "any handwritten mark or sign made by a person" and 
such signature must be made by the person who is the affected party with standing to file the benefit 
request to signify that "[t]he person knows of the content of the request and any supporting documents; 
[t]he person has reviewed and approves of any information contained in such request and any 
supporting documents; and [t]he person certifies under penalty of perjury that the request and any 
other supporting documents are true and correct." See generally 1 USCIS Policy Manual B.2(B), 
1 Because the Form I-140 was not electronically filed, none of the provisions governing electronic filings apply. 
https://www.uscis.gov/policymanual. A person's signature on an immigration form establishes a 
strong presumption that the signer knows and has assented to its contents, absent evidence of fraud or 
other wrongful acts by another person. Matter of Valdez, 27 I&N Dec. 496,499 (BIA 2018) (citing 
Thompson v. Lynch, 788 F.3d 638,647 (6th Cir. 2015); Bingham v. Holder, 637 F.3d 1040, 1045 (9th 
Cir. 2011 ). The probative force of a declaration subscribed under penalty of perjury derives from the 
signature of the declarant. 
The Petitioner mistakenly equates electronic signatures with electronically reproduced original 
signatures. Contrary to the Petitioner's assertions, USCIS does not accept electronic or digitally 
produced signatures on forms submitted for immigration benefits. Although a signature may be 
considered valid if it is "photocopied, scanned, faxed, or similarly reproduced .... the copy must be of 
an original document containing an original handwritten signature, unless otherwise specified." See 
generally I USCIS Policy Manual, supra, at B. If someone acting on behalf of a petitioner's signatory, 
such as someone from their attorney's office, performs the function of electronically applying a 
signature to a Form 1-140, that act nullifies the filing because it is not a valid signature, and it is not 
properly signed under penalty of perjury. Ultimately, even if a filing party presents a photocopy of a 
Form 1-140 to USCIS, that photocopied form must contain a filing party's original signature that is 
consistent with how the person normally signs their name because "[ a ]n applicant or petitioner must 
sign his or her benefit request." 8 C.F.R. § 103.2(a)(2). 
The USCIS Policy Manual farther explains that the agency interprets the regulatory term "valid 
signature" to mean a signature that "is consistent with how the person signing normally signs his or 
her name." See generally 1 USCIS Policy Manual, supra, at B (explaining that the appearance of the 
signature on USCIS forms must be preponderantly consistent with that person's normal signature). 
The Petitioner does not identify how they signed the Form 1-140 other than to acknowledge that it is 
not an "original" or "wet" signature. Although the "regulations do not require that the person signing 
submit an 'original' or 'wet ink' signature on a petition, application, or other request to USCIS," 
USCIS does "not accept signatures created by a typewriter, word processor, stamp, auto-pen, or similar 
device." See generally I USCIS Policy Manual, supra, at B. See also generally 1 USCIS Policy 
Manual, supra, at A (stating that "[e]xcept as otherwise specifically authorized, a benefit requestor 
must personally sign his or her own request before filing it with USCIS"). USCIS has implemented 
these regulations and attendant policies "to maintain the integrity of the immigration benefit system 
and validate the identity of benefit requestors." See generally 1 USCIS Policy Manual, supra, at A. 
In the same way that one person signing a declaration "for" another person carries no evidentiary 
force, neither will an image of a signature duplicated using some electronic means or method. Without 
the signatory's actual and personal signature as the declarant, the declaration under the penalty of 
perjury on the Form 1-140 has no evidentiary force. See in re Rivera, 342 B.R. 435, 458-459 (D. NJ. 
2006). 
The Petitioner also asserts the Director erred in denying the Petition based on their deficient signature. 
They contend that the Director was required to reject the petition on the basis of their noncompliant 
signature. This is incorrect. The Director may reject, deny, or dismiss a benefit request that does not 
contain a valid or a proper signature. And the Director is not required to provide an opportunity to 
correct or cure a deficient signature. 8 C.F.R. § 103.2(a)(7)(ii)(A); see generally I USCIS Policy 
Manual, supra, at A. 
2 
In visa petition proceedings it is a petitioner's burden to establish eligibility for the immigration benefit 
sought. Section 291 of the Act, 8 U.S.C. § 1361. The Petitioner has not met that burden. 
ORDER: The appeal is dismissed. 
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