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. § 1l 53(b )(2).
SCOPS denied the Form I-140, Immigrant Petition for Alien Workers (petition), concluding that the record established that the Petitioner merited 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 nova. Matter ofChristo 's Inc., 26 I&N Dec. 537,537 n.2 (AAO 2015). Upon de nova 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 [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 1 Because this Form I-290B was not electronically filed, none of the provisions relating to electronic filings applies in this case. We note the Form I-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 evidence of fraud or other wrongful acts by another person. Matter ofValdez, 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 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 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 othe1wise specified." See generally l USCIS Policy Manual, supra, at B.2(B). Relating to the Form I-290B, the Instructions for Notice of Appeal or Motion additionally provides: "Validity of Signatures. USCIS 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 of the original document containing the handwritten ink signature." Every fonn, 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)(l), which provides that "[e]ach benefit request must be properly completed and filed with all initial evidence required by applicable regulations and other USCIS instructions." Therefore, the failure to follow the form instructions are tantamount to not complying with the regulation.
If someone acting on behalf of a petitioner-to include a preparer, even if the preparer failed to complete the relevant portion ofthe fmm-performs the function ofelectronically 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 ofperjmy. Ultimately, even if a filing party presents a photocopy of a F mm 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 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.2(B). Also see generally I USCJS 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 l USCJS 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, if we determine that a benefit request does not contain a valid or a proper p. 3 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 users Policy Manual further explains that the agency interprets the regulatory term "valid signature" to require that a signature on any form transmitted to users "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 users forms must be preponderantly consistent with that person's normal signature).
II. ANAL YSrS
On the appellate Form r-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 of a signature and not an original signature due to multiple factors. The Petitioner's signatures on the Fmm I-290B is identical to his signatures on the statement submitted at the time of the Form r-290B, his follow-on appeal brief: and his signature on the letter dated May 30, 2025, he submitted in response to the request for evidence. Those images of the Petitioner's signature are indistinguishable, to include the size, each line, loop, slant, spacing, and pen lift. The sole distinguishing factor is how dark or light the image appears on each page. This is an indication that this may have been copied from another source and electronically transferred onto the submitted appellate forms.
Because ofthe above factors, we conclude that it is more likely than not that the image ofthe signature on the Form r-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 users, any signature must be on an original immigration form "containing an original handwritten signature, unless otherwise specified." See generally 1 USCIS Policy Manual, supra, at B.2(B).
Therefore, the Petitioner has not satisfied their burden, or the preponderance standard of proot that the signature on the Form r-290B is a valid signature. Chawathe, 25 r&N Dec. at 375 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 signature of the Petitioner on the Form r-290B was electronically applied to the form and it is not a copy "of an original document containing an original handwritten signature," as the users Policy Manual requires. See generally 1 USCIS Policy Manual, supra, at B.2(B). Based on that determination, we are dismissing the appeal. Additionally, because we conclude the signature in question is 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 r-290B and the Form G-28 were personally signed by the Petitioner, we cannot recognize the appellate 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 p. 4 the Petitioner properly filed this appeal, and we will dismiss this filing. See generally 1 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 purpo1ied 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 conectness 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 U.S. v. Bueno-Vargas, 383 F.3d 1104, 1111 (9th Cir. 2004) ("We conclude that signing a statement under penalty ofperjury 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 ofthe information. Only the applicant or petitioner can attest to the truth of these matters. When a USCIS fmm 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 ofa 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.