On May 11, 2026, the Department of Homeland Security published an interim final rule amending 8 CFR 103.2(a)(7)(ii)(A). Effective July 10, 2026, U.S. Citizenship and Immigration Services (USCIS) can deny a petition or application discovered to have an invalid signature after intake acceptance, retain the filing fee, and offer no opportunity to correct the signature on the existing filing. This marks a formal, binding shift in USCIS policy—and it creates significant liability for employers and individual filers if signature defects are not caught before submission.
What changed
Before July 10, 2026, when USCIS discovered an invalid signature after a petition was already receipted, the agency’s policy was inconsistent. Sometimes the case was rejected with a fee refund. Sometimes it was denied with the fee retained. The interim rule amends 8 CFR 103.2(a)(7)(ii) to formally codify the authority for USCIS officers to either reject or deny a benefit request if an invalid signature is identified after acceptance.
The distinction matters. A rejection means the application and fee are returned, and the applicant can refile. A denial means the application is fully adjudicated, the fee is retained by USCIS, and the applicant is deemed ineligible for the benefit. Officers themselves were not always clear on the scope of their authority. The new rule clarifies it.
Invalid signatures that trigger denial risk:
Copy-pasted signature images. This is the most common violation. In one case, an authorized signatory signed a blank sheet of paper and instructed a subordinate to copy that signature onto at least 20 Form I-129 petitions. In another case, a consulting firm completed and filed approximately 3,000 Form I-140 petitions where the signature was pasted onto each form.
Signatures generated by signature software programs such as DocuSign, Adobe Sign, or similar tools are invalid on paper-filed forms and on PDF-uploaded forms. The only contexts in which USCIS currently accepts an electronic signature are guided e-filing on myUSCIS and certain requestor-filed PDFi uploads where USCIS prompts for a secure electronic signature during the upload process.
A typed name in the signature block is not a signature. When the person who signed for a corporate petitioner cannot demonstrate signature authority, USCIS may treat the signature as invalid.
Valid signatures that will still be accepted:
Original handwritten wet-ink signature remains the gold standard. The agency will also accept scanned copies of original wet-ink signatures, faxed or photocopied versions of originally signed documents, and electronic signatures in limited USCIS-authorised online filing systems.
Why it matters
USCIS has documented a sharp increase in invalid signatures on immigration filings. According to data published in the rule itself, denials for signature reasons climbed from 300 in FY2021 to 2,953 in FY2025. The agency’s response is enforcement—no more inconsistency, no more second chances.
For practitioners, the impact is acute. Applicants who fall foul of the rule may lose their filing fees entirely and be required to start again with a fresh application. There is no provision to “cure” a deficient signature once the application has been filed.
For H-1B filers, this creates a trap. For cap-subject H-1B petitions, the calculus shifts toward I-290B because losing the receipt date means losing the cap slot if the filing window has closed. A signature defect discovered after your LCA expires or after the registration window closes could forfeit your cap allocation and your filing fee.
For employment-based green card cases, For PERM-backed I-140 petitions, the calculus depends on whether the 180-day post-certification window in 20 CFR 656.30 has expired. If you’re out of that window and face a signature denial, you may be forced to refile and restart the PERM process.
The petitioner has two options. The first option is to file Form I-290B, Notice of Appeal or Motion, within 30 days, contesting the denial on the basis that the signature was actually valid. The second option is to file a new petition with a new fee and a properly signed form. Whether to appeal or refile depends on the specific facts and the strategic value of preserving the original receipt date and priority date.
Way forward
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Audit your signature workflow now. If you use any automated signature software (DocuSign, Adobe Sign, etc.) for paper-filed immigration forms, stop. Switch to wet-ink handwritten signatures on original documents, scanned and submitted electronically, or use USCIS’s myUSCIS e-filing system for eligible forms.
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Train HR and authorized signatories. Do not permit anyone to sign a blank form or template with the expectation that copies will be made. Each form must be signed individually, in wet ink, by an authorized person with demonstrable signatory authority for the petitioner entity.
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Verify signatory authority before filing. If your company uses a signing officer (CFO, counsel, HR lead, etc.), obtain written documentation that this person has been delegated signature authority by the company’s board or executive leadership. Keep this on file.
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For remote filings, brief your clients and your filing team that DocuSign-style signatures are no longer acceptable on paper or PDF uploads (except through myUSCIS’s guided e-filing for eligible classifications). Emphasize that a signature defect found after receipt can result in a denial, fee forfeiture, and potential loss of priority dates or visa cap slots.
Disclaimer
This article explains a USCIS policy announcement as of the date published above and is not legal advice. Fola is a software company, not a law firm. Immigration law is complex, procedurally strict, and fact-dependent; the consequences of a signature defect on a high-value filing are severe. Consult a licensed immigration attorney in your jurisdiction before submitting any petition or application. Verify the current rule, form instructions, and USCIS guidance against the primary source at https://www.uscis.gov before filing. Policy and procedures can change without notice.