dismissed H-1B Case: Unknown

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date : WLY 25, 2023 In Re : 26423180 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
The Petitioner seeks to temporarily employ the Beneficiary under the H-IB nonimmigrant 
classification for specialty occupations . See Immigration and Nationality Act (the Act) section 
10l(a)(l5)(H)(i)(b), 8 U.S .C. § 110l(a)(l5)(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 petition . The matter is now before us on 
appeal. 8 C.F .R. § I 03 .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. 
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 request 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 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 I USCIS Policy Manual B.2(B) , 
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 
1 Because this Form I-290B was not electronically filed, none of the provisions governing electronic filings apply. 
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." See generally I USCIS 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." See generally 1 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 1-290B, 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 1-290B 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). 
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." See generally 1 USCIS Policy 
Manual, supra, at B. See also generally I 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 I 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 1-290B has no evidentiary force. See in re Rivera, 342 B.R. 435, 458-459 (D. 
N.J. 2006). 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); see generally I 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 singing 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). 
II. ANALYSIS 
On the appellate Form 1-290B, the form contains a word processor generated "signature" under Part 4 
8.a in the Petitioner's signature block. We conclude that this is a word processor generated "signature" 
because it is of a type and variety commonly recognized as the "default" for word processor generated 
"signatures" in the same style and font. Moreover, the word processor generated "signature" does not 
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match the Petitioner's signature on the Form G-28 or any other material present in the record, such as 
the Form 1-129.2 
USCIS policy requires the appearance of the signature on USCIS forms to be consistent with that 
person's normal signature. See generally l USCIS Policy Manual, supra, at A. Because of the above 
observations, we conclude that the "signature" on the Form I-290B is not a valid signature as required 
by the regulation. 8 C.F.R. § 103.2(a)(7)(ii)(A). 
Considering the totality of the circumstances, the record reflects that the "signature" of the Petitioner's 
signatory on the Form I-290B was electronically generated and applied to the form. It is not their 
"originally handwritten signature" as required by the USCIS Policy Manual. See generally l USCIS 
Policy Manual, supra, at B. Based on that determination, we are dismissing the appeal. And 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. § 103.3(a)(l)(iii)(B). Nor can we decide that the Petitioner 
properly filed this appeal. So we will dismiss the appeal. See generally, l USCIS Policy Manual, 
supra, at B. 
III. CONCLUSION 
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. 
2 The Form T-290B was initially accompanied by a deficient Fonn G-28 containing the same style and type of word 
processor generated "signature" for the Petitioner. Consequently, the Petitioner was notified that we would consider them 
self-represented for purposes of the appeal. The Petitioner subsequently submitted a new Form G-28 which we accepted. 
This Form G-28 contains a signature which more likely than not adheres to the regulations and attendant policy we discuss 
above and is in accord with other signatures attributed to the Petitioner's signatory present in the record before us. 
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