The Petitioner seeks employment-based second preference (EB-2) immigrant classification as a member of the professions holding an advanced degree, as well as a national interest waiver of the job offer requirement attached to this classification. See Immigration and Nationality Act (the Act) section 203(b )(2), 8 U.S.C. § 1153(b )(2).
Through its Service Center Operations (SCOPS), USCIS denied the Form I-140, Immigrant Petition for Alien Workers (petition), concluding that the record established that the Petitioner qualified for the underlying visa classification, but he did not merit a discretionary waiver of the job offer requirement in the national interest. The matter is now before us on appeal under 8 C.F.R. § 103.3. The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. Section 291 of the Act; Matter ofChawathe, 25 I&N Dec. 369, 375 (AAO 2010). We review the questions in this matter de novo. Matter of Christo 's Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, we will dismiss the appeal.
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 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 ofthe 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) (emphasis added), https://www.uscis.gov/policymanual. A person's signature on an immigration form 1 Because this Form 1-290B was not electronically filed, none of the provisions relating to electronic filings applies in this case. We note the Form 1-290B is not a form that is available for parties to file electronically online. Forms Available to File Online, USCIS (Oct. 2, 2025), https://www.uscis.gov/file-online/forms-available-to-file-online. p. 2 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) (citing Thompson v. Lynch, 788 F.3d 638, 647 (6th Cir. 2015); Bingham v. Holder, 637 F.3d I 040, l 045 (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 1 USCIS Policy Manual, supra, at B.2(C)(l) (citing to 8 C.F.R. § 103.2(a)(2)). Agency policy provides 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 USCIS, the copy must be of an original document containing an original handwritten signature, unless otherwise specified." See generally I USCIS Policy Manual, supra, at B.2(B). 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 I USCIS Policy Manual, supra, at B.2(B). Also see generally I USCIS Policy Manual, supra, at B.2(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 ofthe immigration benefit system and validate the identity ofbenefit requestors." See generally I USCIS Policy Manual, supra, at B.2(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 Petitioner'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, ifwe 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. § I 03.2(a)(7)(ii)(A); See generally l USCIS Policy Manual, supra, at B.2(A).
The USCIS Policy Manual further explains that the agency interprets the regulatory term "valid signature" to require that a signature on any form transmitted to USCIS "must be of an original document containing an original handwritten signature" and it may not be a digital duplicate of a signature that is simply transposed onto an immigration form. See generally I USCIS Policy Manual, supra, at B.2(B) ( explaining that the appearance of the signature on USCIS forms must be preponderantly consistent with that person's normal signature).
Analysis
The underlying benefit Form I-140, Immigrant Petition for Alien Workers contains a simulated signature in the block for the Petitioner's signature. USCIS will not accept simulated signatures. While our regulations do not require an "original" or "wet ink" signature, USCIS will not accept "signatures created by a typewriter, word processor, stamp, auto-pen, or similar device." l USCIS Policy Manual, supra, at B.2(B). We note the simulated signature on the Form p. 3 I-140 is type-written in a script-like font and it is identical to other simulated signatures in the case (i.e., the same as on the appellate Form G-28 that we returned for not being properly signed). This means the Form I-140 was not properly filed in accordance with 8 C.F.R. § 103.2(b)(l) and even if the appeal documents contained valid signatures, it would be appropriate for this office to dismiss the appeal.
Considering the totality of the circumstances, the record preponderantly reflects that the Petitioner's signature on the Form I-140 is not his "original handwritten signature," as the USCIS Policy Manual requires. See generally 1 USCIS Policy Manual, supra, at B.2(B). Based on that determination, we are dismissing the appeal.
Furthermore, we discern no distinction between a digitally "cut and paste" signature and the simulated signatures created by word processor, stamp, auto-pen, or similar device, as they all may be used to replicate a person's signature without their direct involvement in the act of signing. Each format may be created or applied by someone other than the signatory, in violation of 8 C.F.R. § 103.2(a)(2). In this case, the signature is invalid because it does not signify the purported signatory knows the contents of the request and supporting documents submitted on their behalf: that they have reviewed and approved ofthe information therein, and that they have certified the truth and correctness ofthe request under penalty of perjury.
The probative force of a benefit request subscribed under penalty of perjury derives from the actual signature of the applicant or petitioner. 28 U.S.C. § 1746 (requiring the signature of the declarant); see also US. v. Bueno-Vargas, 383 F.3d 1104, 1111 (9th Cir. 2004) ("We conclude that signing a statement under penalty of perjury satisfies the standard for an oath or affirmation, as it is a signal that the declarant understands the legal significance of the declarant's statements and the potential for punishment if the declarant lies."). By requiring an applicant or petitioner to verify the truth of the benefit request, the submitted evidence, and the related claims by personally reviewing and signing the immigration form under penalty ofperjury, USCIS aims to ensure the accuracy of the information. Only the applicant or petitioner can attest to the truth of these matters. When a USCIS form is not signed by the applicant or petitioner to attest to its veracity, the evidentiary basis for the application or petition and supporting evidence no longer exists.
Conclusion
The appeal will be dismissed for the above stated reasons, with each considered an independent and alternative basis for the decision. In visa petition proceedings, it is a petitioner's burden to establish eligibility for the immigration benefit sought. The Petitioner has not met that burden.
ORDER: The appeal is dismissed.
NOTICE: This constitutes the final decision in this matter. The filing of a motion will not postpone the effect of the decision. 8 C.F.R. § 103.S(a)(l)(iv). Aliens who are not lawfully present, or who are otherwise inadmissible or deportable, may be subject to the commencement of removal proceedings under section 240 ofthe Act through the issuance of a Form 1-862, Notice to Appear. Those proceedings may result in their removal from the United States and possible ineligibility for future visas or other immigration benefits.