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 (NIW) 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).
U.S. Citizenship and Immigration Services (USCIS) denied the Form 1-140, Immigrant Petition for Alien Workers (petition) and we dismissed a subsequent appeal. 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 (AAO 2010). Upon review, we will dismiss the motion.
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 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 1 USCIS Policy Manual B.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) (citing Thompson v. Lynch, 788 F.3d 638, 647 (6th Cir. 2015); Bingham v. Holder, 637 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 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 users 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 USCrS." See generally l 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 users, 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). Relating to the Form r-290B, the Instructions for Notice of Appeal or Motion additionally provides: "Validity of Signatures. users will consider a photocopied, faxed, or scanned copy of an original handwritten signature as valid for filing purposes. The photocopy, fax, or scan must be ofthe original document containing the handwritten ink signature." The instructions for the Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative contain the same signature requirements as the instructions for the Form I-290B. Every form, benefit request, or other document must be executed in accordance with the instructions on the form, which are incorporated into the regulation requiring its submission. 8 C.F.R. § 103.2(a)(l). Further discussion of the filing requirements for these documents is found at 8 C.F .R. § 103 .2(b)(1 ), which provides that "[ e Jach benefit request must be properly completed and filed with all initial evidence required by applicable regulations and other users instructions." Therefore, the failure to follow the form instructions are tantamount to not complying with the regulation.
Finally, the regulation at 8 C.F.R. § 292.4(a) requires that the Form G-28 "must be properly completed and signed by the petitioner, applicant, or respondent to authorize representation in order for the appearance to be recognized by DHS."
If someone acting on behalf of a petitioner-to include someone from their attorney's officeperforms 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 perjury. 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 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 users," we do "not accept signatures created by a typewriter, word processor, stamp, auto-pen, or similar device." See generally l USCIS Policy Manual, supra, at B.2(B). Also see generally l 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 1 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. p. 3 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. § 103.2(a)(7)(ii)(A); See generally 1 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 1 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
On the motion Form I-290B, the form contains an image of a signature under Part 4., Item Number 4. in the Petitioner's Signature block. We conclude that this is an image ofa signature and not an original signature due to multiple factors. First, the Petitioner's signatures on the motion forms (Form I-290B and the Form G-28) are identical and indistinguishable, to include each line, loop, slant, spacing, and pen lift. Second, the precise size of each letter, and how it protrudes above and below the line is an exact match. And we note the Petitioner's signatures on the forms he submitted on appeal appear to contain the same digital image, as does the Form I-140, Immigrant Petition for Alien Workers. All the Petitioner's signatures on the immigration forms appear identical to the signature on his personal statement that accompanied the Form I-140.
Because ofthe above factors, we conclude that it is more likely than not that the image ofthe 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). To be valid here, regardless of how the filing party transmits the immigration form to USCIS, any signature must be on an original immigration form "containing an original handwritten signature, unless otherwise specified." See generally l USCIS Policy Manual, supra, at B.2(B).
We observe the same shortcomings on the motion Form G-28, meaning that form does not comply with the regulation at 8 C.F.R. § 292.4(a) requiring that the Form G-28 "must be properly completed and signed by the petitioner, applicant, or respondent to authorize representation in order for the appearance to be recognized by DHS." Therefore, the Petitioner has not satisfied their burden, or the preponderance standard of proof, that the signature on the Form I-290B or the Form G-28 are valid signatures. Chawathe, 25 I&N Dec. at 3 7 5 n.7 ( 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 signatures of the Petitioner on the Form I-290B and the Form G-28 were electronically applied to the forms and those are not copies "of an original document containing an original handwritten signature," as the USCIS Policy Manual requires. See generally l USCIS Policy Manual, supra, at B.2(B). Based on that determination, we are dismissing the motion. Additionally, because we conclude the signatures p. 4 in question are not "any handwritten mark or sign made by a person," we are not 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.Inconsistencies in the record
If the record does not establish that the Form I-290B and the Form G-28 were personally signed by the Petitioner, we cannot recognize the motion forms 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 motion, and we will dismiss this filing. See generally l USCIS Policy Manual, supra, at B.2(B).
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.
ORDER: The motion to reconsider is dismissed.
NOTICE: 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 of the Act through the issuance of a Form I-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.