dismissed H-1B Case: Finance

U.S. Citizenship 
and Immigration 
Services 
In Re: 3654875 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : DEC . 28, 2020 
The Petitioner, an automotive finance institution, seeks to employ the Beneficiary temporarily as a 
"strategy and profitability analyst" under the H-lB nonirnmigrant classification for specialty 
occupations. See Immigration and Nationality Act (the Act) section 10l(a)(l5)(H)(i)(b), 8 U.S.C. 
§ 1101(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 1-129, Petition for a Nonimmigrant 
Worker, concluding that the Petitioner did not demonstrate that that the proffered position qualifies 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. 8 C.F.R. § 103.2(a)(2); see also 1 USCIS Policy Manual B.2, Signatures, available at 
https://www.uscis.gov /policy-manual (incorporating former USCIS Policy Memorandum PM-602-
0134.1, Signatures on Paper Applications, Petitions, Requests, and Other Documents Filed with US. 
Citizenship and Immigration Services (Feb. 15, 2018)). Unless specifically authorized, an individual 
representing a petitioner must personally sign his or her own request before filing it with USCIS. 
On May 9, 2019, we issued a notice of intent to dismiss and re=uest for evidence (NOID /RFE). We 
informed the Petitioner that the signatures ofl I vice president of human resources 
governance risk and compliance, on the Form G-28, Notice of Entry of Appearance as Attorney or 
Accredited Representative, and Form l-290B , Notice of Appeal or Motion , were markedly different 
from her signatures in the rest of the record of proceedings. We requested an explanation for these 
variances, along with sworn statements and copies of government issued identification documents 
frornl I and any other individual who signed the forms and documents in the record . We 
explained that 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. 1 See 8 C.F.R. § 103.3(a (1 (iii (B). We 
further explained that without the requested evidence demonstrating that ,,__ __ ~ _ _. was the 
individual who actually signed the appellate forms, we intended to dismiss the appeal as we would 
conclude that the forms submitted on appeal do not bear a valid signature. 
In response, the Petitioner provided a notarized statement froml I a member of its human 
resources department. I I indicated that the petitioning organization no longer employs D I I, but that she was authorized to sign and act on behalf of the organization, and that at all times, 
the Petitioner has supported the petition filed on the Beneficiary's behalf The Petitioner did not 
provide any additional evidence to support its claims. 
The Petitioner's support for the petition was not the impetus behind the NOID/RFE. The signature of 
the affected party serves to certify under penalty of perjury that the benefit request, and all the evidence 
submitted with it, is true and correct. 8 C.F.R. § 103.2(a)(2); see also section 287(b) of the Act 
(providing officers the statutory authority to take and consider evidence). Unless there is a valid 
signature from a person authorized to sign the benefit request, USCIS cannot consider the request or 
the supporting evidence to be certified as true and correct. See 28 U.S.C. § 1746. Instead, USCIS 
must accord the record little to no probative value. Accordingly, if USCIS accepts a request for 
adjudication and later determines that it has a deficient signature, USCIS will deny the request. 
Seel USCIS Policy Manual, supra, at B.2(A); cf Dixon v. United States, 147 Fed. CL 469,477 (2020) 
(finding that the IRS's acceptance of an improperly signed tax return did not "cure" the invalid return). 
The Petitioner's response in this matter did not fully compl] with the NOID/RFE because it did not 
provide any of the requested material from I or an explanation for the significant 
difference between her signatures. That the Petitioner claims it no longer employs! I does 
not mitigate the deficiencies we noted in the NOID/RFE, and it remains that it has not established that 
she was the person who signed all of the forms bearing her name in the record. 
Where a petitioner does not submit all requested additional evidence and requests a decision based on 
the evidence already submitted, a decision shall be issued based on the record. In addition, the failure 
to submit requested evidence, which precludes a material line of inquiry, shall be grounds for denying 
the benefit request. 8 C.F.R. § 103.2(b)(14). 
Furthermore, because the Petitioner has not established who signed the Form I-290B, we cannot 
recognize the appeal to have been properly filed by an affected party with legal standing in these 
proceedings. See 8 C.F.R. § 103.3(a)(l)(iii)(B). The appeal must therefore be dismissed 
In visa petition proceedings, it is the 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. 
1 In addition, without knowing who signed the documentation, we cannot determine whether the H-IB petition was 
properly filed. See generally 8 C.F.R. § 103.2(a). 
2