dismissed H-1B Case: Unknown

U.S. Citizenship 
and Immigration 
Services 
InRe : 10106690 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: APR. 26, 2022 
The Petitioner seeks to employ the Beneficiary under the H-lB nonimmigrant classification for specialty 
occupations. See Immigration and Nationality Act (the Act) section 101(a)(15)(HXi)(b) , 8 U.S.C. 
§ 1101(a)(15XH)(iXb). 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 Vermont Service Center Director denied the Form 1-129 , Petition for a Nonimmigrant Worker. 
The matter is now before us on appeal. The Petitioner bears the burden of proof to demonstrate 
eligibility by a preponderance of the evidence. Section 291 of the Act ; Matter of Chawathe, 25 l&N 
Dec. 369,375 (AAO 2010). We review the questions in this matterdenovo. Matter of Christo 'slnc., 
26 I&N Dec. 53 7, 53 7 n.2 (AAO 2015). Upon de nova review , we will dismiss the appeal. 
I. LAW 
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 requests filed electronically as 
permitted by the instructions to the form, in electronic format." 1 
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 an appeal or 
motion 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." 1 USCIS Policy ManualB .2(B) (emphasis added), 
https: //www.uscis .gov/policymanual. A person's signature on an immigration form establishes a 
strong presumption that the signer knows its contents and has assented to them, absent evidence of 
fraud or other wrongful acts by another person. Matter of Valdez, 27 I&N Dec. 496,499 (BIA 2018) 
1 Because this Form I-290B was not electronically filed , none of the provisions relating to electronic filings applies in this 
case . 
(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 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." 1 USCJS Policy Manual, supra, at C. l ( citing to 8 C.F.R. § 103 .2(a)(2)). 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." 1 USCIS Policy Manual, supra, at B. If someone acting on 
behalf of a petitioner's signatory-to include someone from their attorney's office-performs the 
function of electronically applying a signature to a Form I-290B, that act nullifies the filing because it 
is not a valid signature and it is not properly signed under the penalty of pe1jury. Ultimately, even if 
a filing party presents a photocopy of a Form I-290B to USCIS, that photocopied form must contain a 
filing party's original signature that is consistent with how the person signing normally signs his or 
her name because "[a]n applicant or petitioner must sign his or her benefit request." 8 C.F.R. 
§ 103.2(a)(2). 
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," we do "not accept signatures created 
by a typewriter, word processor, stamp, auto-pen, or similar device." 1 USCIS Policy Manual, supra, 
at B. Also see l 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." I USCJS 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 in 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 I-290B has no evidentiary force. See In re Rivera, 342 B.R. 435, 
458-59 (D. N.J. 2006); Blumberg v. Gates, No. CV 00-05607, 2003 WL 22002739 (C.D. Cal. Aug. 
19, 2003 ). Moreover, if we determine that a benefit request does not contain a valid or a proper 
signature, we reject, deny, or dismiss it without providing an opportunity to correct or cure a deficient 
signature. 8 C.F.R. § 103.2(a)(7)(ii)(A); 1 USCIS Policy Manual, supra, at A. 
The USCIS Policy Manual further 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." 1 USCIS Policy Manual, supra, atB (explaining that the appearance of the signature on 
USCIS forms must be preponderantly consistent with that person's normal signature). 
II. ANALYSIS 
On the appellate Form I-290B, the form contains an image of a signature under Part 4 8.a in the 
Petitioner's Signature block as well as an original signature under Part 6 8 .a in the Preparer' s Signature 
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block. 2 We conclude that this is an image of a signature and not an original signature due to multiple 
factors. First, the Form I-290B contains "imperfections" or unusual marks below the signature image. 
It appears that the person who extracted the image from another document, brought with it additional 
content. This is an indication that this may have been copied from another source and electronically 
transferred onto the Form I-290B. Second, the first letter of the last name is "cut off' at the upper 
p01iions of the letter. This further contributes to the likelihood that this image was electronically 
placed onto this document from another source. Finally, the image of the signature under Part 4 8.a is 
not similarly represented on other material in the record, meaning it is distinct in appearance from any 
of the signatory's other signatures throughout the record. 
Because of the above factors, we conclude that it is more likely than not that the image of the signature 
ontheFom11-290Bisnota validsignatureasrequiredbytheregulation. 8 C.F.R. § 103.2(a)(7)(ii)(A). 
Therefore, the Petitioner's signatory has not satisfied the employer's burden of proof, or the 
preponderance standard of proof: that the signature on the Form I-290B is a valid signature. Matter 
ofChawathe, 25 I&N Dec. 369,375 n.7 (AAO 2010) (explaining that the filing party bears the burden 
of proof, and that the preponderance standard does not relieve them from satisfying regulatory 
requirements, such as providing a "valid signature"). 
Considering the totality of the circumstances, the record preponderantly reflects that the signature of 
the Petitioner's signatory on the Form I-290B was electronically applied to the form and it is not their 
"original handwritten signature," as require by the USCIS Policy Manual. 1 USCIS Policy Manual, 
supra, at B. Based on that determination, we are dismissing the appeal. Additionally, because we 
conclude the signature in question is not "any handwritten mark or sign made by a person," we are not 
primarily basing this decision on a signature that appears inconsistent with other signatures in the 
record, and we will not issue a notice seeking additional information relating to the appearance of the 
signature. 
If the Petitioner does not establish that the Form I-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. See 8 C.F.R. § I 03.3(a)(l )(iii)(B). Norean we decide thatthe Petitioner 
properly filed this appeal, and we will dismiss this filing. See I USCJS Policy Manual, supra, at B. 
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. 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. 
2 We note thatalthoughtheForml-290B was not accompanied by a Form G-28, NoticeofEnttyofAppearance as Attorney 
or Accredited Representative, it was signed by a preparer purporting to be an attorney or an accredited representative. 
Because we have determined that this appeal was not otherwise properly filed, we are not required to request that the 
attorney or representative submit a Form G-28 to our office. See 8 C .F.R. § 103 .3 (v)(A)(2 )(i}-(iii) ( explaining that only 
in instances in which USC IS is reviewing an otherwise properly filed appeal, should it request a properly executed Form 
G-28 when one is not provided). 
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