What’s Happening
Effective July 10, 2026, U.S. Citizenship and Immigration Services (“USCIS”) implemented a new interim final rule and corresponding policy guidance addressing signature requirements for immigration benefit requests.
Although USCIS has long required valid signatures on applications, petitions, and other filings, the new rule significantly increases the consequences of a signature deficiency. USCIS may now reject or deny a filing if it determines that the filing was not properly signed, including after USCIS has already accepted the filing, processed the filing fee, and issued a receipt notice.
What You Need to Know
If USCIS determines that an immigration benefit request contains an improper signature at any point during the adjudication process (not just at cases intake), the agency may either:
Reject the filing and return it to the requestor; or
Deny the filing after it has been accepted for adjudication and filing fees were cashed.
This distinction is important. A rejected filing generally does not retain its original filing date and must be corrected and resubmitted. If USCIS denies the filing, it may retain the government filing fees and treat the matter as fully adjudicated.
USCIS has also confirmed that it generally will not provide an opportunity to replace, correct, or cure an improper signature after filing. While the agency may issue a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) to confirm whether an individual had authority to sign at the time of filing, it will not request a newly signed form or replacement signature page to “cure” a filing that was improperly signed when submitted.
As a result, the issuance of a receipt notice should no longer be viewed as confirmation that USCIS has determined that all signature requirements were satisfied.
What Is an Acceptable Signature?
For paper-filed requests, the safest approach remains for the appropriate individual to personally sign the completed form by hand. USCIS generally accepts:
An original handwritten signature;
A handwritten “X,” symbol, or abbreviated signature, if that is how the person normally signs;
A photocopied, scanned, faxed, or similarly reproduced copy of a form that was originally signed by hand; and
An electronic signature captured through a USCIS online account when expressly permitted during online filing.
USCIS does not generally require the original wet-ink signature page to be submitted. For example, an employer representative may print and review a completed form, sign it by hand, and return a scanned copy for filing. However, the original signed document should be retained because USCIS may request it at any time.
What Is an Unacceptable Signature?
USCIS has clarified that the following are generally unacceptable:
A typed name on the signature line;
An image of a handwritten signature that is separately pasted or affixed to an unsigned form;
A signature created through a word processor, software program, stamp, auto-pen, or similar device;
A signature captured electronically outside of an authorized USCIS online filing process; or
A signature placed by an attorney, preparer, interpreter, coworker, family member, or other unauthorized individual on behalf of the person required to sign (applicant, petitioner, or benefit requestor).
The key distinction is whether the submitted document is a copy of a document that the individual actually signed. For example, USCIS will generally accept a scan of a completed form that was signed by hand. USCIS will not generally accept an unsigned form onto which a saved image of the individual’s signature was later inserted.
Employers should therefore discontinue any practice involving stored signature images, signature stamps, pre-signed blank pages, or administrative personnel applying another person’s signature to immigration forms.
Who Must Sign?
In most cases, the individual or company representative requesting the immigration benefit must personally sign the filing.
For employer-sponsored petitions, the form must be signed by an individual with authority to act on behalf of the petitioning organization. Depending on the company’s structure, an authorized signer may include:
An executive officer;
A managing partner or managing member;
In-house counsel;
An authorized human resources or employee-relations representative; or
Another employee who has authority to legally bind the company and make the required attestations.
The signer must have knowledge of the filing, approve the information being submitted, and have authority to sign on behalf of the petitioning entity. USCIS may request evidence of that authority, including corporate records or documentation showing that signing authority was properly delegated. The individual’s job title alone is not necessarily determinative.
Employers should promptly notify D&S if a designated signatory is unavailable, has changed roles, has left the petitioning employer, or no longer has authority to sign immigration filings.
Why This Matters
In certain filings, especially those not eligible for premium processing, a signature issue may not be identified until months after filing. By that time:
The foreign national’s underlying status may have expired;
A critical filing window may have closed;
A priority date may no longer be current;
A statutory or regulatory deadline may have passed;
The employer or employee may have relied on the receipt notice for employment authorization or immigration planning; and
The government filing fees may be lost.
The rule is particularly significant for time-sensitive filings or those with strict filing deadlines, including:
H-1B cap petitions;
H-1B portability filings;
Adjustment-of-status applications;
Employment authorization and travel document applications;
Motions and appeals; and
Responses to Requests for Evidence or Notices of Intent to Deny.
For example, if an H-1B cap petition is denied for an improper signature after the annual filing window has closed, the employer would likely be precluded from refiling. Similarly, a signature-related denial of an adjustment-of-status application may create significant complications if immigrant visa availability has changed at the time of denial, precluding the applicant from immediately refiling and possibly leaving them without lawful status in the U.S. if their underlying nonimmigrant status has expired at the time of the denial.
Recommended Steps for Employers
Employers and foreign nationals should take the following precautions:
Carefully follow the signature instructions provided for each filing;
Ensure that the correct individual personally signs the completed form;
Review the form before signing and avoid signing blank or incomplete pages;
Do not use typed signatures, saved signature images, signature stamps, auto-pens, or unapproved electronic signature platforms;
Confirm that corporate signatories have appropriate authority to sign on behalf of the petitioning entity;
Where possible, file with the original, wet signature. Where filing original signatures is not an option, retain original hand-signed documents and related signature correspondence;
Allow sufficient time before filing deadlines for signature review and correction; and
Contact D&S before signing if there is any uncertainty regarding the proper signer or signature method.
Employers with high-volume immigration programs should also review their internal processes to determine whether any current practices rely on centralized signature repositories, automated document-generation systems, shared signature images, or administrative staff applying signatures on behalf of company representatives. Signatories should also not reuse an earlier signature page or substitute a previously saved signature image on a newly signed document.
Contact immigration counsel before signing if:
The designated signatory is unavailable;
A different company representative will sign;
The signatory’s title or authority has changed;
An electronic signature platform will be used;
A parent, guardian, agent, or other representative may need to sign; or
There is any uncertainty regarding who may sign or how the document should be executed.
Key Takeaways
USCIS’s new rule does not create an entirely new signature standard, but it substantially increases the adverse consequences associated with noncompliance.
A properly scanned copy of a form that was actually signed by hand remains acceptable in most cases (though the document with the original signature should be retained). However, a stored signature image pasted into an unsigned form, a typed signature, or a signature applied through an unauthorized electronic method may result in rejection or denial.
Because USCIS may identify a signature problem after a filing has been pending for an extended period, employers and foreign nationals should treat signature compliance as a critical part of the filing process and follow all signature instructions carefully.
D&S will continue to monitor USCIS implementation of the new rule and provide updates as additional guidance or adjudication trends emerge.
This alert is for general informational purposes only and does not constitute legal advice. Please consult D&S immigration counsel regarding your specific circumstances. D&S Senior Associate, Paulina Baginska, assisted with the preparation of this alert.