dismissed H-1B Case: Construction Management

U.S. Citizenship 
and Immigration 
Services 
In Re: 4698547 
Appeal of Vermont Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JAN. 15, 2020 
The Petitioner, a real estate development and investment firm, seeks to employ the Beneficiary 
temporarily as a "construction project manager" under the H-lB nonirnmigrant classification for 
specialty occupations. See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 
8 U.S.C. § 110l(a)(15)(H)(i)(b). The H-lB program allows a U.S. employer to temporarily employ a 
qualified foreign worker in a position that requires both: (a) the theoretical and practical application 
of a body of highly specialized knowledge; and (b) the attainment of a bachelor's or higher degree in 
the specific specialty (or its equivalent) as a minimum prerequisite for entry into the position. 
The Director of the Vermont Service Center denied the Form I-129, Petition for a Nonimmigrant 
Worker, concluding that the Petitioner did not demonstrate that the proffered position qualified as a 
specialty occupation . On appeal, the Petitioner submits additional evidence and asserts that the 
Director erred in denying the petition on the stated basis . 
U.S. Citizenship and Immigration Services (USCIS) requires a valid signature on certain documents filed 
with the agency (request). 1 Unless specifically authorized, an individual representing a petitioner must 
personally sign his or her own request before filing it with USCIS. USCIS guidance provides: 
Any individual filing a request or any other document with USCIS must personally sign 
the request or document. The term "individual" excludes corporations or other legal 
entities as well as attorneys, accredited representatives, agents,[ footnote omitted] 
preparers, and interpreters. No other person may sign a request or document on behalf of 
an individual filing a request with USCIS except when that individual is under 14 years 
of age or is mentally incompetent. 2 
Within the initial filing, the Petitioner's president,! I signed the petition as well as other 
documentation. On the Form G-28, Notice of Entry of Appearance as Attorney or Accredited 
1 8 C.F.R. § 103.2(a)(2). 
2 See USCIS Policy Memorandum PM-602-0134 .1, Signatures on Paper Applications, Petitions, Requests , and Other 
Documents Filed with U.S. Citizenship and Immigration Services 3-4 (Feb. 15, 2018) , http://www .uscis.gov /legal­
resources /policy-memoranda . 
Representative, and Form 1-290B, Notice of Appeal or Motion, the space requiring the signature from 
the individual filing the request on behalf of the Petitioner (e.g., the petitioning organization's 
employee or executive) reflects the following, handwritten in the block: 'I I' As noted 
within agency guidance, no other person may sign a request on behalf of or in care of another person. 3 
Alternatively, in our review of the appeal, we observe thatl Is signatures on the Form G-28 
and Form 1-290B differ visibly when compared with those within the rest of the record. We conclude 
that I I did not sign the appellate forms, and without knowing who signed the documents, and 
that individual's capacity to sign on the petitioning organization's behalf: we cannot recognize the 
appeal to have been properly filed by an affected party with legal standing in these proceedings. 4 
The record does not establish thatl lwas the actual individual who signed both the Form 
1-129 and the Form 1-290B, nor does it establish that those signing the forms were authorized to sign 
a request or other document that will be filed with USCIS on behalf of a corporation or other legal 
entity. 5 If the Petitioner does not establish that the Form 1-290B was personally signed by an 
authorized individual, we cannot recognize the appeal to have been properly filed by an affected party 
with legal standing in these proceedings. 6 Nor can we decide that the Petitioner properly filed this 
appeal, and we will dismiss this filing. 7 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. 8 The Petitioner has not met that burden. The appeal will be dismissed for the above 
stated reasons, with each considered an independent and alternative basis for the decision. 
ORDER: The appeal is dismissed. 
3 Additionally, we do not recognize the attorney on the Form G-28 as the Petitioner's representative, as that form contains 
the same signature shortcomings as the Form T-290B. 
4 8 C.F.R. § 103.3(a)(l)(iii)(B). 
5 See USCTS Policy Memorandum PM-602-0134.1, supra, at 3. 
6 See 8 C.F.R. § 103.3(a)(l)(iii)(B). 
7 See USCIS Policy Memorandum PM-602-0134.1, supra, at 3. 
8 Section 291 of the Act, 8 U.S.C. § 1361. 
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