dismissed
O-1B
dismissed O-1B Case: Content Creator
Decision Summary
The appeal was rejected because it was improperly filed. The petitioner did not provide a valid handwritten signature on the Form I-290B, instead using what appeared to be an auto-pen, which is not permitted by USCIS regulations.
Criteria Discussed
Invalid Signature
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U.S. Citizenship and Immigration Services InRe : 21841549 Appeal of California Service Center Decision Non-Precedent Decision of the Administrative Appeals Office Date: AUG. 30, 2022 Form I-129, Petition for Nonimmigrant Worker (Extraordinary Ability- 0) The Petitioner, an agent, seeks to represent the Beneficiary during his temporary employment in the United States as a content creator. To do so, the Petitioner seeks to classify the Beneficiary as an 0-1 nonimmigrant, a visa classification available to individuals who can demonstrate their extraordinary ability through sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation . See Immigration and Nationality Act (INA) section 101(a)(15)(O)(i), 8 U.S.C. § 1101(a)(15)(O)(i) . The Director of the California Service Center denied the petition on several bases, concluding that the Petitioner had not satisfied any of the six initial evidentiary criteria, of which she must meet at least three, pursuant to 8 C.F.R. § 214 .2(o)(3)(iv)(B)(l)-(6); had not provided the required consultation pursuant to 8 C.F.R. § 214.2( o )(5)(ii)(A); had not sufficiently explained the nature of the events or activities and the beginning and ending dates for the events or activities, as required at 8 C .F.R. § 214.2( o )(2)(ii)(C); and had not complied with the requirement that she submit copies of contracts between the Beneficiary and his actual employers as required at 8 C.F.R. § 214.2( o )(2)(iv)(E)(2). In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. See Section 291 of the Act, 8 U.S.C. § 1361. As set forth below, we will reject the appeal. The record reflects that the Petitioner did not provide a valid signature on the Form I-290B. Instead, the signature appears to have been created by auto pen. In order to maintain the integrity of the immigration benefit system and validate the identity of benefit requestors, U.S. Citizenship and Immigration Services (USCIS) requires a valid signature on certain documents filed with the agency. See 8 C.F.R. § 103.2(a)(2); see also 1 USCIS Policy ManualB.2(A), 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 U.S. Citizenship and Immigration Services (Feb. 15, 2018)). Unless specifically authorized in the regulations, policy manual or form instructions, the applicant must personally sign his or her own request before filing it with USCIS. 1 An acceptable signature on 1 See 1 USCJS Policy Manual , supra, at B.2(A) . In addition, the instructions for Form I-290B state that "[e]very form MUST contain the signature of the applicant or petitioner ( or parent, lega 1 guardian, or au th01ized signatory, if applicable). a benefit request that is being filed with USCIS is one that is either handwritten or, for benefit requests filed electronically as permitted by the instructions to the form, in electronic format. 2 USCIS does not accept signatures created by a typewriter, word processor, stamp, auto-pen, or similar device. 3 USCIS rejects any benefit request with an improper signature and returns it to the requestor. 4 If USCIS accepts a request for adjudication and later determines that it has a deficient signature, USCIS will deny the request. Here, the Petitioner did not comply with the regulation at 8 C.F.R. § 103 .2(a)(2), as she did not provide a valid signature on the Form I-290B. Accordingly, we will reject the appeal as improperly filed. ORDER: The appeal is rejected. A stamped or typewritten name in place of a signature is not acceptable." See https://www.uscis.gov/i-290b (last visited August 30, 2022). 2 8 C.F.R. § 1032(a)(2);scc also 1 USCIS Policy Manual,supra, at B.2(B) (providing that "a signature is valid even if the original signature on the document is photocopied, scanned, faxed, or similarly reproduced. Regardless of how it is transmitted to USCTS, the copy must be of an original document containing an original handwritten signature, unless othe1wise specified.") 3 Sec 1 USCIS PolicyManual,supra, atB.2(A). 4 8 C.F.R. § 103 .2(a)(7). 2
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