Quick Summary: On May 11, 2026, the Department of Homeland Security published an interim final rule (91 FR 25479) 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 article explains exactly what counts as an invalid signature, what counts as a valid one, and what employers and individual filers must do to comply.

What the New USCIS Signature Rule Does

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. Officers themselves were not always clear on the scope of their authority.

The new rule resolves that uncertainty by codifying USCIS’s discretion to either reject or deny a benefit request with an invalid signature discovered after acceptance. The rule is published at 8 CFR 103.2(a)(7)(ii)(A) and applies to all benefit requests submitted on or after July 10, 2026.

The practical difference between rejection and denial is significant. A rejection means the filing fee is returned and the petitioner may refile the case. A denial means the filing fee is retained, the case is treated as fully adjudicated against the petitioner, and the only path forward is either an appeal on Form I-290B or a new filing with a new fee. Under the new rule, that choice belongs to the USCIS adjudicator.

There is no cure mechanism. USCIS expressly rejected the option of letting petitioners substitute a corrected signature on a pending filing. According to the rule, allowing cures would unfairly let deficient filings hold cap slots and priority dates ahead of properly-signed filings.

When Does the New Signature Rule Take Effect?

The rule takes effect on July 10, 2026. It applies to benefit requests submitted on or after that date. The public comment period also closes on July 10, 2026, but because this was issued as an interim final rule rather than a notice of proposed rulemaking, the rule will be enforceable on the effective date regardless of comments received.

Why USCIS Issued This Rule

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 Administrative Appeals Office has already adjudicated 758 appeals of denials based on copied signatures.

The rule cites two specific patterns the agency has encountered. 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.

What Counts as an Invalid Signature Under the New Rule

The following signature practices are invalid and can result in denial of the petition or application:

Copy-pasted signature images. This is the most common violation. The petitioner signs one document with a real wet-ink signature, the signature is scanned, and the resulting image is then pasted into a signature block on a different form. Even when the underlying signature is genuinely the petitioner’s own signature on a real document, the pasted image is not a valid signature on the new filing.

Reused scanned signature pages. A signature page scanned from a prior filing and inserted into a new filing is not a valid signature. Each filing needs its own contemporaneous signature.

Stamped signatures. A rubber stamp, ink stamp, or any stamp-applied facsimile of the signatory’s signature is invalid, even when the signatory personally authorized the stamp and even when the stamp is used by the signatory themselves.

Signatures by someone other than the requestor. A petition signed by the immigration attorney, paralegal, preparer, interpreter, or anyone else who is not the petitioner or authorized signatory is invalid. The attorney’s signature belongs on the G-28. The petitioner’s signature belongs on the petition.

Signature software output. 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.

Typewritten names. A typed name in the signature block is not a signature. This is caught at intake and results in rejection, not denial.

Missing signatures. A blank signature line is rejected at intake.

Signatures by an unauthorized person on behalf of a corporation. When the person who signed for a corporate petitioner cannot demonstrate signature authority, USCIS may treat the signature as invalid.

What Counts as a Valid Signature Under USCIS Rules

The following signature practices are valid and meet 8 CFR 103.2(a)(2):

Original handwritten wet-ink signature. The petitioner physically signs the specific form with pen and ink. The originally signed document may then be submitted, or it may be scanned, photocopied, or faxed for submission. The scan, photocopy, or fax is valid only because an actual wet-ink signature exists on the underlying original. The original wet-ink signed documents must be maintained on file.

Fresh wet-ink signature on each filing. Every separate immigration filing requires its own contemporaneous wet-ink signature on the specific form being filed. The same signatory may sign 50 different petitions, but each petition must carry its own original signature, not a reproduction of a signature from another document.

How to Sign Immigration Forms Correctly: Step-by-Step Compliance for Employers

For sponsoring employers and high-volume filers, the operational answer is a simple set of standards applied consistently across every immigration filing.

The first step is to identify and document each authorized signatory at the petitioning entity. This is typically a senior HR leader, an officer of the company, or another individual with explicit authority to bind the entity in immigration matters. The authority should be documented internally with a board resolution, delegation memo, or equivalent record.

The second step is to require a fresh wet-ink signature on the specific form being filed. The signatory should sign the form itself, not a separate signature page that will be inserted later. The original signed form should then be scanned for submission, and the original document should be retained in the company’s records in case USCIS later requests it.

The third step is to eliminate signature stamps from the immigration workflow entirely. Any stamp used by HR or executive assistants should not be applied to immigration forms.

The fourth step is to prohibit the reuse of scanned signature images across filings. Every petition requires its own signature event. A scanned signature image saved on a shared drive and reused across multiple I-129 or I-140 filings is the exact practice the rule was written to catch.

The fifth step is to confirm that the immigration attorney signs only the G-28, not the petitioner certification block. This has always been the rule. The new regulation simply makes the consequences of getting it wrong more expensive.

The sixth step is to verify that the signatory’s name and title in the signature block match the actual person who applied the signature. A signature attributed to the company president must be the president’s actual signature, not a delegate signing on the president’s behalf.

What Happens If Your Petition Is Denied for an Invalid Signature

A denial under the new rule has three operational consequences.

First, the filing fee is retained by USCIS. There is no refund.

Second, the case is treated as fully adjudicated with a finding of ineligibility. That finding may appear in future agency records and can be reviewed in subsequent filings.

Third, 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.

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. For PERM-backed I-140 petitions, the calculus depends on whether the 180-day post-certification window in 20 CFR 656.30 has expired.

Frequently Asked Questions About the New USCIS Signature Rule

When does the new USCIS signature rule take effect?
The rule takes effect July 10, 2026, and applies to benefit requests submitted on or after that date.

Can USCIS keep the filing fee if my petition is denied for an invalid signature?
Yes. Under the new rule, a denial allows USCIS to retain the filing fee. A rejection results in a fee refund, but the choice between rejection and denial belongs to the USCIS adjudicator.

Is a scanned signature still acceptable?
Yes, provided the scan reproduces an actual original handwritten wet-ink signature applied to the specific form being filed. Scanning is valid. Pasting a scanned signature image onto a different form is not.

Can my immigration attorney sign the petition for me?
No. The petitioner must sign the petitioner certification block. The attorney signs only the G-28 form.

Are signature stamps ever allowed?
Almost never in employment-based immigration filings. The narrow exception is for blanket-designated civil surgeons signing Form I-693.

Can I use DocuSign or Adobe Sign to sign USCIS forms?
Not for paper-filed forms or attorney-filed PDFi uploads. Signature software output is treated as an invalid signature in those contexts.

What if my petition was filed before July 10, 2026?
The new rule applies to requests submitted on or after July 10, 2026. Earlier-filed cases are adjudicated under the prior framework, which includes the 2018 policy memorandum providing similar denial authority.

Can I correct a signature on a pending filing?
No. The rule expressly forecloses any cure mechanism. If USCIS identifies an invalid signature after acceptance, the only options are rejection or denial. The petitioner may refile or appeal.

Does the rule change which signatures are valid?
No. The definitions of valid and invalid signatures remain the same as under prior USCIS policy. The rule changes how USCIS handles invalid signatures discovered after acceptance.

What documents should we retain for compliance?
Retain the original wet-ink signed form and internal records documenting the signatory’s authority to bind the petitioning entity. USCIS may request the original document under 8 CFR 103.2(b)(5).

By: Emily Neumann

Emily Neumann is Managing Partner at Reddy Neumann Brown PC with over 15 years of experience practicing US immigration law providing services to U.S. businesses and multinational corporations. Emily has helped transform the firm from a solo practice to Houston’s largest immigration law firm focused exclusively on U.S. employment-based immigration.  She received her Bachelor’s degree in Biology from Central Michigan University and her Juris Doctorate degree from the University of Houston Law Center. Emily has been quoted in Bloomberg Law, U.S. News & World Report, Inside Higher Ed, and The Times of India on various hot topics in immigration. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management.