In March 2025, the Administrative Appeals Office (AAO) issued a decision that offers an important reminder for anyone preparing an EB-2 NIW petition.
The case did not fail because the proposed endeavor lacked merit, nor because the petitioner failed to meet the national interest standard. Instead, the petition failed for a far more basic reason: the Form I-140 was not properly signed by the petitioner.
This single procedural defect prevented the case from ever being reviewed on its substance.
What Happened in This Case
The petitioner filed an EB-2 NIW petition that was denied by USCIS because the petitioner did not personally sign the Form
I-140, as required by regulation. The petitioner appealed, but the AAO dismissed the appeal solely on the signature issue.
The petitioner then filed multiple motions to reopen and reconsider, explaining that the signature format was used based on instructions from her law firm. She argued, in effect, that the error resulted from ineffective assistance of counsel.
The AAO rejected this argument. It explained that claims of attorney error must meet strict legal requirements, including sworn affidavits, notice to prior counsel, and evidence of disciplinary complaints or a valid explanation for not filing one. Because those requirements were not met, the AAO dismissed the motions.
As a result, the NIW case was never reviewed on the merits.
Why the Signature Issue Matters
USCIS treats signature requirements as mandatory, not technicalities. A missing or improper signature is considered a fundamental defect, not a minor filing error. Once a petition is denied on this basis, appeals and motions are rarely successful.
This case highlights an uncomfortable reality in immigration practice: even a strong NIW case can fail permanently if basic procedural requirements are overlooked.
Our Approach to NIW Filings
At our firm, we place particular emphasis on compliance with procedural requirements such as proper signatures, form execution, and filing formalities. These may seem basic, but as this decision shows, they can be decisive.
Before any NIW petition is filed, we make every effort to confirm that all signature requirements are satisfied and that the petition complies with USCIS regulations at the most fundamental level. This is not an afterthought, but a core part of how we manage risk in long-term immigration cases.
Final Thought
Credentials, research impact, and national importance all matter in an NIW case. But none of them can be evaluated if the petition fails at the filing stage.
In U.S. immigration, procedure is substance.
If you would like to discuss how your NIW case will be prepared and filed in a way that minimizes these risks, we invite you to contact us for an initial evaluation.
Thath Kim II
US Attorney
Licensed in Oregon
11F 1108, Seocho-daero 77gil 17, Seocho-gu, Seoul, Republic of Korea 06614