USCIS has issued an interim final rule giving officers the discretion to deny, rather than simply reject, a benefit request found to have an invalid signature after the case has been accepted for processing. The rule is effective on July 10, 2026. This shift creates a material difference in outcomes and fees for petitioners and corporate sponsors filing high-volume cases.
What changed
Previously, requests with invalid signatures were typically rejected and returned with the fee. Under the new rule, if USCIS accepts a benefit request and determines later that it lacks a valid signature, USCIS may, in its discretion, reject or deny the request.
The stakes are higher for denials: If USCIS decides to deny a request on the basis of an invalid signature, USCIS may retain the associated benefit filing fee and consider the application fully adjudicated and the applicant ineligible for the requested benefit. This amendment applies to requests submitted on or after July 10, 2026.
What counts as invalid:
USCIS has flagged the following as invalid: a signature copied and pasted as an image from another document, and a signature placed by anyone other than the requestor (including attorneys, preparers, or interpreters).
What remains valid:
Scanned, faxed, or photocopied reproductions of an original wet-ink signature remain acceptable. Meaning, it is not required to submit the original signed document to the USCIS, but the requester should retain the original for their records. USCIS considers a “valid signature” generally to consist of any handwritten mark or sign made by a requestor in the signature line of a particular form. A thumbprint in place of a written signature is also acceptable, and even an “X” can sometimes suffice.
Why it matters
The distinction between rejection and denial cascades across fee dollars, priority dates, and timeline risk.
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Fee retention: A rejection refunds the filing fee; a denial lets USCIS keep it. For high-volume employers filing hundreds of I-129 or I-140 petitions, a single systemic signature defect (e.g., copy-pasted signatures across a batch) could result in thousands of dollars in lost fees.
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Priority-date jeopardy: For employment-based cases, the distinction can translate into months or years of lost priority‐date time for employment-based cases and thousands of dollars in duplicate legal costs for corporate sponsors. A denied petition may require a complete refile, resetting the priority date.
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No cure after filing: There is no cure mechanism. The rule expressly forecloses any cure mechanism. Once USCIS has accepted the filing, you cannot go back and fix the signature.
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Scope of problem: 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.
Way forward
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Audit your signature workflow now. Employers filing high volumes of I-129 or I-140 petitions should review internal signature procedures to ensure each form bears an original wet signature. Set up a quality-control checklist before July 10 for all future filings.
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Do not copy-paste, stamp, or e-sign USCIS forms. If an individual is unsure whether a signing practice complies, ask before filing. Software signatures (DocuSign, Adobe Sign) are not acceptable for paper filings or uploaded PDFs.
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Train signatories to sign the correct certification block. Only the petitioner signs the petitioner block; only the attorney signs the G-28. Do not have paralegals or HR staff sign forms on behalf of the petitioner or employer.
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Retain originals. Even though scans and copies are acceptable for submission, keep the wet-ink original on file to defend against an audit or to resubmit quickly if a signature issue is flagged.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Fola is a software company, not a law firm. Immigration law is complex and changes frequently; USCIS policy can shift without notice. Always verify your understanding against the Federal Register notice and consult a licensed immigration attorney before filing any petition or application.