dismissed EB-2 NIW Case: Unknown

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date : JUN 12, 2023 In Re: 25691493 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner seeks classification as a member of the professions holding an advanced degree. 
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 EB- 2 
immigrant classification. See section 203(b)(2)(B)(i) of the Act, 8 U.S.C. § 1153(b)(2)(B)(i). 
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not 
establish eligibility for 1) the underlying classification and 2) the requested national interest waiver. 
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 ofChawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo . Matter of Christa'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)(l) incorporates form instructions into the regulations requiring 
its submission. 1 The "general instructions" section regarding signatures for the Form I-290B, 
Instructions for Notice of Appeal or Motion , explains that "[ e Jach form must be properly signed" and 
that "[f]or all signatures on this form, USCIS will not accept a stamped or typewritten name in place 
of a signature." Further, the "specific instructions" for Part 6 mandate the following: 
1.a. - 8.b. This section must contain the signature of the person who completed your form, if 
other than you, the applicant or petitioner. If the same individual acted as your interpreter and 
your preparer, that person should complete both Part 5. and Part 6. If the person who 
completed this form is associated with a business or organization , that person should complete 
the business or organization name and address infonnation. Anyone who helped you complete 
this form MUST sign and date the form. A stamped or typewritten name in place of a signature 
is not acceptable. 
(Emphasis in original) . 
1 Per 8 C.F.R. § 103.3(a)(2)(i), affected parties must submit an appeal on Fonn I-290B, Notice of Appeal or Motion. 
In this matter, the Preparer's signature in Part 6. 8.a. of the Form I-290B was created by a word 
processor or other similar device, which is specifically disallowed by regulation and the form 
instructions. 2 See 8 C.F.R. § 103.2(a)(2). Consequently, we do not recognize this Form I-290B as 
being properly executed. 
Per 8 C.F.R. § 103.2(a)(7)(ii)(A), a benefit request that does not bear a valid signature will be rejected. 
If a benefit request is initially accepted and subsequently discovered to contain a deficient signature, 
it is denied or dismissed rather than rejected. See generally I USCIS Policy Manual B.2(A) and (B), 
https://www.uscis.gov/policymanual. 
Because the Preparer did not properly sign the Form I-290B, we will dismiss the appeal. 
ORDER: The appeal is dismissed. 
2 The Preparer's certification attests that: 
By my signature. I certify. under penalty of perjury, that I prepared this form at the request of the applicant or 
petitioner. The applicant or petitioner then reviewed this completed form and informed me that he or she 
understands all of the information contained in, and submitted with, his or her form, including the Applicant's or 
Petitioner's Certification. and that all of this information is complete, true, and correct. I completed this f01m 
based only on information that the applicant or petitioner provided to me or authorized me to obtain or use. 
2