This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.
The Petitioner, a climate change policy analyst, sought an EB-2 national interest waiver to work in the United States in the field of climate change policy.
Field: climate change policy · Read the decision (uscis.gov)
How the evidence was treated
- other · discounted
“the evidence was insufficient to establish that the representative's signatures on the initially submitted documentation met the requirements for original signatures”
AAO decision text
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Notable
The AAO remanded without reaching any NIW merits. SCOPS denied the petition solely on the ground that the attorney/representative's signatures on Form I-140, Form I-907, and Form G-28 lacked 'readily observable variations' suggesting they were copied-and-pasted rather than original wet-ink signatures. The AAO found SCOPS erred by denying the petition outright rather than processing it as if no notice of representation had been submitted, as required by 8 C.F.R. § 103.2(a)(3). No substantive NIW analysis was conducted.
What this case teaches
Analyst reading of the decision text.
SCOPS denied solely because the representative's G-28/I-140 signatures were not original; AAO held SCOPS should have processed the petition as if no representative notice was filed, so it remanded.
A defective representative signature should make USCIS process the petition as if unrepresented, not deny it outright; a denial on that basis alone is remandable.
vague
mixed
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