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DismissedNational Interest Waiver · Appeal

Occupation not stated

Other / unclear · decided 2023-06-12 · TSC · JUN122023_03B5203

Official PDF on uscis.gov

How each part of the test was decided

Read from the appeals office's own sentences by fixed rules, not from the Director's findings or the petitioner's arguments. Each result shows the sentence it came from. The official PDF controls.

  • Step 0Eligible for EB-2Not decided

    No finding on this in the appeals office's own words.

  • Prong 1Merit and national importanceNot decided

    No finding on this in the appeals office's own words.

  • Prong 2Well positioned to advance itNot decided

    No finding on this in the appeals office's own words.

  • Prong 3Worth waiving the job offerNot decided

    No finding on this in the appeals office's own words.

The decision in brief

Sentences picked out of the text automatically. Read them in context below; the official PDF controls.

Summary sentence

The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish eligibility for 1) the underlying classification and 2) the requested national interest waiver. See in text

What the AAO decided

  • Upon de novo review, we will dismiss the appeal. See in text
  • Because the Preparer did not properly sign the Form I-290B, we will dismiss the appeal. See in text
  • ORDER: The appeal is dismissed. See in text
Read the full decision (2 pages)

Objections found (0)

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No catalog objection was detected in the analysis section.

    Full decision

    OCR text from the official PDF, reformatted for reading. Scan errors carry over; the PDF controls.

    Highlighted: Outcome (3)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · Non-Precedent Decision of the Administrative Appeals Office · Date: JUN 12, 2023 · In Re: 25691493 · Appeal of Texas Service Center Decision · Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver)

    The Petitioner seeks classification as a member of the professions holding an advanced degree. Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. § 1153(b)(2). The Petitioner also seeks a national interest waiver of the job offer requirement that is attached to this EB- 2 immigrant classification. See section 203(b)(2)(B)(i) of the Act, 8 U.S.C. § 1153(b)(2)(B)(i). The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish eligibility for 1) the underlying classification and 2) the requested national interest waiver. The matter is now before us on appeal. 8 C.F.R. § 103.3.

    The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. Matter ofChawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter de novo. Matter of Christa's, Inc., 26 I&N Dec. 537,537 n.2 (AAO 2015). Upon de novo review, we will dismiss the appeal.

    The regulation at 8 C.F.R. § 103 .2(a)(l) incorporates form instructions into the regulations requiring its submission. 1 The "general instructions" section regarding signatures for the Form I-290B, Instructions for Notice of Appeal or Motion, explains that "[ e Jach form must be properly signed" and that "[f]or all signatures on this form, USCIS will not accept a stamped or typewritten name in place of a signature." Further, the "specific instructions" for Part 6 mandate the following:

    1.a. - 8.b. This section must contain the signature of the person who completed your form, if other than you, the applicant or petitioner. Ifthe same individual acted as your interpreter and your preparer, that person should complete both Part 5. and Part 6. If the person who completed this form is associated with a business or organization, that person should complete the business or organization name and address infonnation. Anyone who helped you complete this form MUST sign and date the form. A stamped or typewritten name in place ofa signature is not acceptable.

    (Emphasis in original).

    In this matter, the Preparer's signature in Part 6. 8.a. of the Form I-290B was created by a word processor or other similar device, which is specifically disallowed by regulation and the form instructions. 2 See 8 C.F.R. § 103.2(a)(2). Consequently, we do not recognize this Form I-290B as being properly executed.

    Per 8 C.F.R. § 103.2(a)(7)(ii)(A), a benefit request that does not bear a valid signature will be rejected. If a benefit request is initially accepted and subsequently discovered to contain a deficient signature, it is denied or dismissed rather than rejected. See generally I USCIS Policy Manual B.2(A) and (B), https://www.uscis.gov/policymanual.

    Because the Preparer did not properly sign the Form I-290B, we will dismiss the appeal.

    ORDER: The appeal is dismissed.