For years, USCIS regulation and policy required a traditional “wet ink” signature on all immigration forms filed by mail. In 2020, when COVID-19 disrupted daily life, USCIS adopted a more flexible policy—allowing applicants, petitioners, and attorneys to submit electronically reproduced signatures (for example, scanned copies of signed forms). This policy was made permanent in July 2022.

But in recent months, we have been made aware of a troubling new trend: USCIS issuing Notices of Intent to Deny (NOIDs) and Requests for Evidence (RFEs) alleging that certain signatures are “deficient” because they appear to be reproductions rather than original wet ink. In some cases, USCIS has gone as far as to deny applications and petitions when the original signature could not be produced—even though the current policy explicitly allows reproduced wet ink signatures.

This article reviews the regulations, USCIS’s COVID-19 policy, the current rules, and practical steps employers, attorneys, and individuals should take to avoid costly delays or denials.

1. The Legal and Policy Framework
2. The Regulatory Requirement

Under 8 C.F.R. § 103.2(a)(2), any application, petition, or other benefit request submitted to USCIS must be signed by the appropriate party. An “acceptable signature” is defined as either:

• A handwritten (wet ink) signature, or
• For electronically filed forms, a signature in the electronic format allowed by the form instructions.

The regulation itself does not require that the signature be the original, wet ink version—only that it be a handwritten mark or other authorized format. However, USCIS policy guidance and form instructions further shape what is acceptable.

1. The COVID-19 Flexibility

On March 20, 2020, USCIS announced that, due to the COVID-19 national emergency, it would accept electronically reproduced signatures on benefit requests. This meant:

• You could scan, fax, or photocopy an original signed document and submit that copy to USCIS.
• Typed names, signature stamps, and e-signatures generated by software like DocuSign were not acceptable (unless specifically permitted for an online form).
• Applicants and petitioners were required to retain the original wet ink signature in case USCIS requested it later.
• Failure to produce the original if asked could “negatively impact the adjudication” of the case.

Initially temporary, this flexibility was extended repeatedly until USCIS announced on July 25, 2022, that it was making the policy permanent.

1. Current USCIS Signature Policy

Today, USCIS’s Policy Manual (Vol. 1, Pt. B, Ch. 2) states that the following are acceptable signatures for paper based filings:

• An original handwritten signature.
• A photocopy, scan, fax, or other reproduction of an original handwritten signature (unless the form instructions require otherwise).
• Signature of parent or legal guardian of benefit requestor if requestor is under 14 years of age

Unacceptable signatures include:

• Typed names.
• Stamped signatures.
• E-signatures from platforms like DocuSign or AdobeSign, unless the form is being filed online and permits electronic signatures.

While the current policy manual does not explicitly require retaining the original wet ink signature, as a practical matter, retaining it is strongly recommended—especially in light of USCIS’s recent enforcement actions.

2. The Emerging Problem: USCIS RFEs and NOIDs on Signatures

In early 2025, practitioners began reporting RFEs and NOID in various benefit requests, including H-1B petitions, where USCIS claimed the submitted signatures were “identical” across pages and therefore not original wet ink signatures.

Key points about these RFEs/NOIDs:

• USCIS has alleged that the repeated, identical appearance of a signature proves it was copied or pasted rather than written fresh each time.
• USCIS has demanded production of the original wet ink signature submitted with the filing.
• USCIS has refused to accept newly signed originals in place of the allegedly deficient signature.
• In some cases, denials have followed even when the original wet ink was produced, suggesting inconsistency in adjudications.

This raises concerns that USCIS may be informally tightening its approach to reproduced signatures—without issuing formal policy changes or public notice.

3. Practical Implications for Employers and Petitioners

Because USCIS’s official policy still permits reproduced wet ink signatures, these RFEs and NOIDs create uncertainty. Until there is formal guidance, the safest course is to assume that USCIS may challenge any reproduced signature if the original is not readily available.

Why this matters:

• An RFE or NOID can add months of delay.
• A denial could force you to refile, potentially impacting filing windows, age-out protections, or eligibility dates.
• In some cases, denial could trigger a Notice to Appear (NTA) in removal proceedings if the beneficiary is without lawful status and meets NTA issuance criteria.

4. Best Practices to Avoid Signature Problems
5. Always Retain Original Wet Ink Signatures

Even though the current policy no longer explicitly requires retention, best practice is to keep the original signed page in your records. Employers and attorneys should:

• Require that signatories mail, retain, or deliver the original signed pages.
• Store them securely, with a clear link to the scanned version submitted to USCIS.
• Keep them for the entire duration of the case—and ideally beyond, in case of audits.

1. Consider Submitting Wet Ink Originals

If feasible, submit the original wet ink signature in the USCIS filing rather than a scan. To make it more obvious:

• Use blue ink (unless the form specifies black ink only).
• Use a ballpoint pen that leaves a visible indentation in the paper.
• Place the form on a soft surface when signing to create a deeper indent.

1. Educate Company Signatories

Many corporate signatories—especially executives signing multiple petitions—may be accustomed to providing a scanned signature page. After all, almost every other type of legal filing in America allows for digital signatures, but not in immigration. Employers need to understand:

• USCIS’s current stance and recent enforcement trend.
• The importance of providing the original signed page to the attorney’s office or retaining it in their recors.
• That a consistent-looking signature across forms is not itself a violation, but could still trigger USCIS scrutiny.

1. Avoid Unacceptable Signature Methods

Do not use:

• Typed names in the signature field.
• Signature stamps.
• A scan of a signature that is then copy and pasted.
• PDF or image-based e-signatures unless the form instructions specifically allow it for online filing.

5. Responding to a USCIS RFE or NOID on Signatures

If USCIS issues an RFE or NOID claiming the signature is deficient:

1. If you have the original wet ink signature
   Submit it with your response, along with an explanation that the submitted scan was made from this original, in compliance with USCIS policy.
2. If you do not have the original
   • Work with the signatory to prepare a sworn statement (preferably notarized or under 28 U.S.C. § 1746) affirming:
     • The signature is their own.
     • They signed knowingly, willfully, and after reviewing the document.
     • The submitted copy was a true reproduction of the original wet ink signature.
   • Consider including evidence of your office’s standard signature collection practices.
3. If the signature was unacceptable under policy (e.g., DocuSign or stamp)
   You can refile the application with a compliant signature. USCIS purportedly does not allow “curing” such deficiencies in the same case. That said, we are looking to potentially litigate this issue if denials occur.

6. Strategic Considerations if a Case Is Denied

If USCIS denies a case solely over a signature issue:

• Consider refiling if deadlines, age-outs, or other time-sensitive issues permit.
• Consider litigation as a tool you can use to challenge the arbitrary and capricious nature of the application of the policy.

7. Going Forward: Compliance Is the Best Defense

Until USCIS issues updated guidance, the safest approach is conservative compliance:

• Whenever possible, submit the original wet ink signature with the filing.
• Always retain originals for reproduced signatures.
• Audit pending cases to confirm originals are on file.
• Train company HR, immigration, and legal teams on the requirement.
• Monitor the USCIS Policy Manual for changes and watch for patterns in RFEs/NOIDs.

Conclusion

While USCIS’s official policy continues to allow electronically reproduced wet ink signatures, the reality on the ground is shifting. RFEs and NOIDs on signature validity are becoming more common, and denials—sometimes even when the original is produced—are a risk.

By proactively collecting, storing, and submitting original signatures whenever possible, and by responding strategically to USCIS challenges, employers and petitioners can reduce the risk of costly setbacks.

At Reddy Neumann Brown, we are closely monitoring these developments and advocating for transparency and consistency in USCIS’s application of its signature rules. If you receive an RFE or NOID related to a signature issue, contact our office immediately so we can discuss how to effectively and protect your case.

By: Steven Brown

Steven A. Brown is a Partner at Reddy Neumann Brown PC, where he leads the firm’s Litigation Team, addressing delays and denials of immigration benefits, FOIA requests, and policy and regulatory challenges. Steven is dedicated to delivering practical and effective solutions for clients facing unreasonably delayed or unlawfully withheld immigration benefits, including Employment Authorization Documents (EADs), advance parole, green cards, 221(g) decisions, EB-5 delays, and other immigration-related matters. His litigation efforts were instrumental in Shergill, et al. v. Mayorkas, a landmark case that led to the U.S. government recognizing that under the INA, L-2 and E visa spouses are authorized to work incident to their status, eliminating the need for separate EAD applications. This case has transformed work authorization for thousands of families across the United States.